Dennis v. Tarpenny
New York Supreme Court
APPEAL, by the plaintiff, from a judgment entered at a special term. The action was ejectment, for "dower, and was tried before the Hon. Daniel Pratt, one of the justices of this court—a trial by jury being duly waived by the respective parties.
Read the full summary
APPEAL, by the plaintiff, from a judgment entered at a special term. The action was ejectment, for "dower, and was tried before the Hon. Daniel Pratt, one of the justices of this court—a trial by jury being duly waived by the respective parties. The defendant, on the trial, admitted that the plaintiff was married to Britton Dennis, in the complaint mentioned, prior to the year 1800; and that the said Britton Dennis and the plaintiff continued and remained husband and wife from the time of such marriage until the death of said Britton Dennis, which took place in the year 1849. The defendant…
1Opinion of the Court
By the Court, Bacon, J.
It will probably be conceded, and if not, it may be assumed, that if the deed from the plaintiff to Eben J. Dennis of the premises in question, was properly acknowledged by the plaintiff, so as to entitle it to be read in evidence, the plaintiff’s right of dower in the premises was effectually barred, and consequently this suit cannot be sustained. The only question in the case then is, whether the *374deed was so acknowledged as to authorize its introduction by the defendant. The grantor was a married woman, and the officer who took the acknowledgment certifies that on an…
2Cases cited4 opinions
- Meriam v. HarsenNew York Court of Chancery · 1847
- Shaller v. BrandSupreme Court of Pennsylvania · 1814
- Duval v. CovenhovenNew York Supreme Court · 1830
- Luffborough v. ParkerSupreme Court of Pennsylvania · 1824
3Cited by6 opinions
- Calumet & Chicago Canal & Dock Co. v. RussellIllinois Supreme Court · 1873
- Blair v. SayreWest Virginia Supreme Court · 1887
- Morse v. HewettMichigan Supreme Court · 1874
- Virginia Coal & Iron Co. v. RobersonSupreme Court of Virginia · 1891
- Dreier v. HoltHawaii Supreme Court · 1907
1 more not listed; retrieve them via the Exa API.