Legal Opinion

Hitchcock v. Harrington

New York Supreme Court

Decided August 15, 1810PublishedCited by 68 opinions

■ THESE were actions of dower, brought to recover the dower of Anne, who was the wife of Moses Northrop, deceased, in lot no. 168. in Pittstown, in the county of Rensselaer.

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■ THESE were actions of dower, brought to recover the dower of Anne, who was the wife of Moses Northrop, deceased, in lot no. 168. in Pittstown, in the county of Rensselaer. The defendants pleaded, 1. That Moses Northrop was in full life, at the commencement of the , . ¥ " suits ; to which the plaintiffs replied the death of the said Northrop, on which issue was joined ; 2. Ne unque ac-couple, &c. to which the defendants replied the marriaSe’ and t00^ issue thereon; 3. Ne unque seisie que dower, &C. 7 The wife of Hitchcock, the plaintiff, was married, on or about the 2d of January, 1774, to…

1Opinion of the Court

Kent, Ch. J.

delivered the opinion of the court. The first question arising upon this case is, whether the husband was so seised of the premises, during the coverture, as to entitle his wife to dower.

The objection of the want of seisin in the husband, cannot be received from the defendants, as they hold under the husband, by virtue of conveyances from his son and heir at law. The husband died in possession, without any previous entry or foreclosure by the mortgagee, and-it ought not to be permitted to the-heir, or person claiming under him, and enjoying the estate,to deny the seisin of the…

2Cited by68 opinions

  1. Corporation for the Relief of Poor Distressed Presbyterian v. WallaceSupreme Court of Pennsylvania · 1831
  2. Mills v. . Van VoorhiesNew York Court of Appeals · 1859
  3. Cross v. GouldMissouri Court of Appeals · 1908
  4. Bell v. Mayor of New-YorkNew York Court of Chancery · 1843
  5. Wilson v. TroupCourt for the Trial of Impeachments and Correction of Errors · 1823

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