Malloney v. . Horan
New York Court of Appeals
Appeal from the judgment of the General Term of the Supreme Court in the second judicial' district, affirming a judgment in favor of defendant, entered upon the decision of the court at Special Term. The action is brought to recover dower in premises situate in Queens county. Patrick Malloney (the husband of the plaintiff) being the owner of the premises on the 11th of November, 1864, executed a conveyance of them to his brother, Michael Malloney.
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Appeal from the judgment of the General Term of the Supreme Court in the second judicial' district, affirming a judgment in favor of defendant, entered upon the decision of the court at Special Term. The action is brought to recover dower in premises situate in Queens county. Patrick Malloney (the husband of the plaintiff) being the owner of the premises on the 11th of November, 1864, executed a conveyance of them to his brother, Michael Malloney. The appellant united in this conveyance and released her dower. Michael Malloney, on the 28th of December, 1864, conveyed the premises to the…
1Opinion of the CourtFolger, J.
The plaintiff showed that she was the wife of Patrick Malloney in his lifetime; that during coverture, he was seized in fee of the premises, in which she now demands dower; and that before the commencement of her action he departed this life. She thus makes a prima facie case for a judgment in her favor.
The defendant relies upon four grounds to defeat the case made by her.
1st. An estoppel in pais; which is claimed to arise from the plaintiff calling on the defendant Horan and asking him to attend and bid, at the receiver’s sale of the premises taking place after the death of her husband;…
2Cases cited14 opinions
- Hinde's Lessee v. LongworthSupreme Court of the United States · 1826
- Carson v. MurrayNew York Court of Chancery · 1831
- Le Guen v. GouverneurCourt for the Trial of Impeachments and Correction of Errors · 1798
- Jackson ex. rel. Cadwell v. KingNew York Supreme Court · 1825
- Russell's heirs v. Marks' heirsCourt of Appeals of Kentucky · 1860
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3Cited by57 opinions
- In Re Estate of CoverCalifornia Supreme Court · 1922
- Hammond v. . PennockNew York Court of Appeals · 1874
- Kennedy v. First National BankSupreme Court of Alabama · 1894
- Merchants' Bank v. . ThomsonNew York Court of Appeals · 1873
- Greenup v. CrooksIndiana Supreme Court · 1874
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