Yates v. Paddock
New York Supreme Court
This was an action of ejectment for dower, tried at the Onondaga circuit in March, 1831, before the Hon. Daniel Moseley, one of the circuit judges.
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This was an action of ejectment for dower, tried at the Onondaga circuit in March, 1831, before the Hon. Daniel Moseley, one of the circuit judges. The plaintiff, as the widow of P. W. Yates, claimed dower in 158 acres of land, part of 200 acres aliened by her husband in his lifetime, after his marriage with the plaintiff, to one Skeel, for the consideration of $700. The deed to Skeel was executed in 1807 ; the husband of the plaintiff died in 1826, and this suit was commenced in May, 1830. The plaintiff having rested, the defendant moved that she be nonsuited, insisting that by the…
1Opinion of the Court
By the Court,
Nelson, J.
The Revised Statutes, vol. 2, p. 303, § 2, have substituted the action of ejectment to recover the widow’s dower, instead of the old remedy—by writ of dower ; and it is supposed by the counsel for the defendant that the nature and situation of her interest or estate has been changed ; that she is now a tenant in common with the heir or alienee of the husband, immediately on the death of the husband, possessing a vested interest and right of entry, whereas at common law she has none until the assignment, and till then her right existed only in action. 7 Johns. R. 249.…
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