Schierloh v. . Schierloh
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 13, 1893, which affirmed a judgment in favor of plaintiff entered upon a decision of the court' at Special Term, certain questions of fact having previously been submitted to and found by a jury. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 13, 1893, which affirmed a judgment in favor of plaintiff entered upon a decision of the court' at Special Term, certain questions of fact having previously been submitted to and found by a jury. The nature of the action and the facts, so far as material, are stated in the opinion. Defendant’s right to' the property is with safety and certainty rested on those rules of equity that no one shall take advantage of his own wrong; that, to prevent this, equity will…
1Opinion of the CourtO’Brien, J.
The plaintiff is the mother and the defendant the widow of one Hasten Schierloh who died ¡November 30, 1887, seized in fee of the premises described in the complaint. It is conceded that by the will of the deceased the plaintiff was given a life estate in the premises, subject to the defendant’s right of dower. This was an action of ejectment brought by the plaintiff to recover her life estate, and the courts below have sustained her claim.
The only defense interposed, which it is necessary to notice here, is that the defendant at the time of the death of her husband was herself the owner of…
2Cases cited2 opinions
- Lounsbury v. . PurdyNew York Court of Appeals · 1859
- Niver v. . CraneNew York Court of Appeals · 1885
3Cited by12 opinions
- Leary v. . CorvinNew York Court of Appeals · 1905
- Sieger v. SiegerSupreme Court of Minnesota · 1925
- Crane v. CommissionerUnited States Tax Court · 1967
- In re the Estate of PothNew York Surrogate's Court · 1935
- Bryant v. AllenAppellate Division of the Supreme Court of the State of New York · 1900
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