Gibbs v. Esty
New York Supreme Court
Appeal Ay-the defendants from a judgment in favor of tbe plaintiffs, entered upon tbe decision of the court after a trial without a jury. Tbe action was in ejectment, to -recover.two-tbirds of an undivided seventh interest in about sixty-six acres of land.
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Appeal Ay-the defendants from a judgment in favor of tbe plaintiffs, entered upon tbe decision of the court after a trial without a jury. Tbe action was in ejectment, to -recover.two-tbirds of an undivided seventh interest in about sixty-six acres of land. On March 5, 1857, Garrett G. Gibbs, the ..grandfather of the plaintiffs, died intestate, seized in fee and possessed of a farm of about two hundred acres, situateln Lansing, Tompkins county, New York, of which the one hundred and thirty-two acres described in the complaint formed the westerly part. He left him surviving his widow, Nancy…
1Opinion of the Court
Bockes, J.:
The only question in this case is whether Sarah L. Gibbs became and was so seized of the one undivided seventh part of the lands set off .and assigned to Mrs. Nancy Gibbs, as and for her dower, as to entitle Elias T. Gibbs, fhe husband of the former, to claim and hold, after his wife’s decease, as tenant by curtesy. The court at Special Term held against the defendant on this question. It was there decided, and we think correctly decided, that Sarah L. Gibbs had not, at any time during her life, such an actual seizin in fact and in deed, of the premises in controversy, as entitled…
2Cases cited7 opinions
- Lawrence v. . BrownNew York Court of Appeals · 1851
- Wood v. . FleetNew York Court of Appeals · 1867
- Lawrence v. . MillerNew York Court of Appeals · 1849
- Ferguson v. . TweedyNew York Court of Appeals · 1871
- Otis v. CusackNew York Supreme Court · 1865
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