Cunningham v. Knight
New York Supreme Court
In Equity. The bill in this cause was filed to recover dower in certain lands in Orange county. It set forth that the plaintiff, on the 9th of November, 1814, was married to James Cunningham, who was then seised of the premises, consisting of about 100 acres; that on the 24th'of May, 1815, she joined with her husband in a conveyance thereof to one James Smith, the plaintiff being at that time an infant; that her said husband died in 1832, leaving her entitled to her dower;…
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In Equity. The bill in this cause was filed to recover dower in certain lands in Orange county. It set forth that the plaintiff, on the 9th of November, 1814, was married to James Cunningham, who was then seised of the premises, consisting of about 100 acres; that on the 24th'of May, 1815, she joined with her husband in a conveyance thereof to one James Smith, the plaintiff being at that time an infant; that her said husband died in 1832, leaving her entitled to her dower; and that the defendant was in possession and refused to assign her dower. The bill required an answer on oath from the…
1Opinion of the CourtBarculo, J.
There can be no doubt of the correctness of the position contained in the plaintiff’s first point, that the deed of the 24th of May, 1815, having been executed by the plaintiff when an infant feme covert, does not bind or affect her, by virtue of such execution. The first question to be considered, therefore, is whether the testimony of the witness Samuel Smith was inadmissible, on the ground of interest, as contended for by the plaintiff’s counsel. No objection was made before the examiner, to the testimony on this ground. Notwithstanding that, however, a release from the defendant to the…
2Cases cited6 opinions
- Stow v. TifftNew York Supreme Court · 1818
- Kane v. SangerNew York Supreme Court · 1817
- J. D. &. E. W. Ford v. WalsworthNew York Supreme Court · 1838
- Jackson, ex dem. Miller v. HixonNew York Supreme Court · 1819
- Clark v. JohnsonSupreme Court of Connecticut · 1812
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- Moore v. RollinsSupreme Judicial Court of Maine · 1858
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