Jackson ex dem. Bruyn v. Dewitt
New York Supreme Court
Ejectment, tried at the Ulster circuit, October, 1823, before Betts, C. Judge; when the following facts were admitted: Bruyn, being seised in fee of a farm, on the 12fA of September, 1783, conveyed it in fee to Depuy, in consideration of £800 ; and, on the same day, Depuy executed to Bruyn a mortgage tor the purchase money. Depuy, ^e'nS *n possession under his purchase, married Catharine Bevier.
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Ejectment, tried at the Ulster circuit, October, 1823, before Betts, C. Judge; when the following facts were admitted: Bruyn, being seised in fee of a farm, on the 12fA of September, 1783, conveyed it in fee to Depuy, in consideration of £800 ; and, on the same day, Depuy executed to Bruyn a mortgage tor the purchase money. Depuy, ^e'nS *n possession under his purchase, married Catharine Bevier. On the 8th of April, 1793, tire mortgage money being due, Depuy re-conveyed to Bruyn, for the moneys due on the mortgage ; and continued in possession, as tenant, 2 or 3 years, under Bruyn. The lessor…
1Opinion of the Court
Curia, per
Woodworth, J.
The admeasurement of dower is not conclusive. When the widow brings ejectment, she must, as in other cases, make out a title. (5 Cowen, 168.)
In this case, the defendant holds under the widow, who in a former ejectment recovered. (17 John. 123.) The question now raised, was not then before the court.
If the mortgage given by Depuy had been foreclosed, it is conceded that the widow would not be entitled to dower; and it is contended that the release of the equity of redemption is to be considered the same as a foreclosure. On the other hand, it is urged, that on the…
2Cases cited4 opinions
- Stow v. TifftNew York Supreme Court · 1818
- Hitchcock v. HarringtonNew York Supreme Court · 1810
- Collins v. TorryNew York Supreme Court · 1810
- Jackson, ex dem. Miller v. HixonNew York Supreme Court · 1819
3Cited by10 opinions
- Everson v. . McMullenNew York Court of Appeals · 1889
- Wheeler v. MorrisThe Superior Court of New York City · 1858
- Blydenburgh v. NorthropNew York Supreme Court · 1856
- Fogal v. PirroThe Superior Court of New York City · 1860
- Williams v. Insurance of North AmericaNew York Court of Common Pleas · 1854
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