Reynolds v. Reynolds
New York Supreme Court
This w’as an action of ejectment for dower, tried at the Essex circuit in January, 1839, before the Hon. John Willard, one of the circuit judges. The case, as the plaintiff offered to prove it, was this : She was married to Neivell Reynolds in 1800, and they lived together as husband and wife for about two years, and until after they had one child, which is now living.
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This w’as an action of ejectment for dower, tried at the Essex circuit in January, 1839, before the Hon. John Willard, one of the circuit judges. The case, as the plaintiff offered to prove it, was this : She was married to Neivell Reynolds in 1800, and they lived together as husband and wife for about two years, and until after they had one child, which is now living. In 1802 *the plaintiff left her husband, for the rea- “ [ *194 ] son that he was guilty of criminal intercourse with other females in his dwelling house, and treated her in other respects with so much neglect, ill temper and…
1Opinion of the Court
By the Court,
Bronson, J.
Adultery in the wife was, at the common law, no bar to her claim for dower, not even where a divorce followed, unless it was a divorce a vinculo. 2 Inst. 435. Co. Litt. 32, (a), and note 194. 2 Black. Comm. 130. 4 Kent's Comm. 52, note (c), 54. But by the statute Westm. second, 13 Ed. I., ch. 34, it was enacted, that “ if a wife willingly leave her husband and go away, and continue with, her advouterer, she shall be barred forever of action to demand her dower that she ought to *have of her husband’s lands, if she be [ *195 ] convicted thereupon, except that her husband…
2Cases cited3 opinions
- Fowler v. ShearerMassachusetts Supreme Judicial Court · 1810
- Sayre v. WisnerNew York Supreme Court · 1832
- Varick v. BriggsNew York Court of Chancery · 1837
3Cited by5 opinions
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- Buckley v. MonsarratHawaii Supreme Court · 1899
- Wait v. WaitNew York Supreme Court · 1848
- M'Curdy v. BrownThe Superior Court of New York City · 1852
- Wait v. WaitNew York Supreme Court · 1848