Crain v. Cavana
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. Prior to 1843, Thomas Cavana, the father of the plaintiff, Clara M. Crain, and of the defendants John Cavana and Catharine A. Percival, intermarried with the defendant Cynthia Cavana.
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APPEAL from a judgment entered upon the report of a referee. Prior to 1843, Thomas Cavana, the father of the plaintiff, Clara M. Crain, and of the defendants John Cavana and Catharine A. Percival, intermarried with the defendant Cynthia Cavana. The said Thomas Cavana was then seized in fee of the land mentioned in the complaint, and so continued until his decease in 1859 The defendant Josiah H. Percival is the husband of Catharine A. The defendant Cynthia Cavana brought an action in the court of chancery of this State, before the vice chancellor of the fifth judicial district, against the…
1Opinion of the Court
By the Court,
Mullin, J.
The only question presented by this appeal is whether the decree of separation between the defendant, Cynthia, and her husband, a mensa et thora, *119made by the vice chancellor of the fifth circuit, is a bar to the claim of the said Cynthia, now a widow, to dower in the lands of her husband, who has died since the entry of said decree.
The decree expressly declares that the sum of $450 shall be “ in lieu, and satisfaction of all alimony, dower, right of dower, and all other claims which she, the complainant-, may or can have, to the property of the defendant.”
If the court…
2Cases cited1 opinion
- Wait v. . WaitNew York Court of Appeals · 1850
3Cited by6 opinions
- Romaine v. . ChaunceyNew York Court of Appeals · 1892
- Huffman v. HuffmanOregon Supreme Court · 1906
- Kusel v. KuselCalifornia Supreme Court · 1905
- Allen v. Farmer's Loan & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Guidet v. BrownNew York Supreme Court · 1877
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