Lynch v. Livingston
New York Supreme Court
This was an action of ejectment, tried at the New-York circuit in December, 1846, before S. Barculo, circuit judge. On the trial the following facts were admitted, as if proved: “ That Joanna Livingston, wife of Peter R Livingston, died in 1829, having never had any children. That she had four brothers and five sisters, viz. Mrs. Janet Montgomery, who died before Mrs. Livingston, leaving no descendant.
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This was an action of ejectment, tried at the New-York circuit in December, 1846, before S. Barculo, circuit judge. On the trial the following facts were admitted, as if proved: “ That Joanna Livingston, wife of Peter R Livingston, died in 1829, having never had any children. That she had four brothers and five sisters, viz. Mrs. Janet Montgomery, who died before Mrs. Livingston, leaving no descendant. Robert R. Livingston, who died before Mrs. Livingston, leaving children and grandchildren, some of whom are now living. Mrs. Margaret Tillotson, who died before Mrs. Livingston, leaving three…
1Opinion of the Court
By the Court, Edmonds, P. J.
In the early ages of the common law a married woman could not, by joining with her husband in any deed or conveyance, bar herself or those claiming under her, of any estate of which she was seised in her own right or in her husband’s lands. This rule arose out of the principle, doubtless, that the legal existence of the wife was suspended during coverture, and may have been encouraged from the fear that she might be influenced by her husband to part with her rights, in his favor.
But a judgment in a suit brought against husband and wife, • in respect to any such…
2Cases cited2 opinions
- Stevens v. StevensNew York Supreme Court · 1819
- Jackson ex dem. Salisbury v. FishNew York Supreme Court · 1813
3Cited by4 opinions
- Evenson v. WebsterSouth Dakota Supreme Court · 1892
- Field v. ColumbetDistrict Court, N.D. California · 1864
- McBurney v. CutlerNew York Supreme Court · 1854
- People ex rel. Harris v. LindsayAppellate Division of the Supreme Court of the State of New York · 1964