Dorchester v. Coventry
New York Supreme Court
THIS was an action of dower, unde nihil, Sec. The defend- ’ ’ ant pleaded, * 1. jVe unques seisie. 2. That the demandant’s husband conveyed, in his lifetime, to one Broadhead, and that Broadhead, and the tenants, had made valuable improvements on the premises ; and that the ienants always have been, and still are, ready to set off to the demandant, one third of the tenements, according to their true value at the time of the death of the demandant’s husband.
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THIS was an action of dower, unde nihil, Sec. The defend- ’ ’ ant pleaded, * 1. jVe unques seisie. 2. That the demandant’s husband conveyed, in his lifetime, to one Broadhead, and that Broadhead, and the tenants, had made valuable improvements on the premises ; and that the ienants always have been, and still are, ready to set off to the demandant, one third of the tenements, according to their true value at the time of the death of the demandant’s husband. The cause was tried at the Oneida circuit, in June, 1814, before Mr. Justice Van Ness. The demandant’s husband was seised in fee of the…
1Opinion of the Court
Thomvsoh, Ch. J.
delivered the opinion of the court. This case cannot be distinguished from that of Humphrey v. Phinncy. (2 Johns. Rep. 484.) The plea there was precisely like the present, to which there was a demurrer. What the replication in the case now before the court was, does not appear. The principle, however, which governed the case of Humphrey v.Phinney was, that the widow was entitled only to one third of the premises in value as at the time of the conveyance thereof by her husband. The language of the Chief Justice is plain and explicit, that the widow is not entitled to dower…
2Cited by9 opinions
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- Thompson v. MorrowSupreme Court of Pennsylvania · 1819
- Winchester v. City of Stevens PointWisconsin Supreme Court · 1883
- Johnston v. VandykeU.S. Circuit Court for the District of Michigan · 1855
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