Mathews v. Duryee
New York Court of Appeals
Sarah A. Mathews sued Sacket L. Duryee and others, in the supreme court, to recover her dower in surplus money arising on a foreclosure suit. Charles L. Mathews, the plaintiff’s deceased husband, was owner in fee in his lifetime of lands, subject to three mortgages, two of which were executed by both Mr. and Mrs. Mathews, and one of which, being for part of purchase money, was executed by Mr. Mathews alone.
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Sarah A. Mathews sued Sacket L. Duryee and others, in the supreme court, to recover her dower in surplus money arising on a foreclosure suit. Charles L. Mathews, the plaintiff’s deceased husband, was owner in fee in his lifetime of lands, subject to three mortgages, two of which were executed by both Mr. and Mrs. Mathews, and one of which, being for part of purchase money, was executed by Mr. Mathews alone. After the mortgages were made, Mr. Mathews assigned all his property, in trust for benefit of creditors, to the defendant, Duryee; and subsequently the holders of the mortgages foreclosed…
1DissentWoodettee, J.
[Dissenting]. — I do not think it necessary to determine, on this appeal, the effect of a foreclosure of a mortgage, given by a husband and wife, upon the inchoate right of dower of the wife in the equity of redemption. Conflicting' views upon the subject have been expressed.
On the one hand, that as a consequence of the original making and delivery of the mortgage, and one which the parties must have contemplated as the result, if the mortgage debt is not paid, and by force of the power of sale, the surplus of the proceeds remaining after a sale and satisfaction of the decree becomes personal…
2Cases cited7 opinions
- Lewis v. . SmithNew York Court of Appeals · 1854
- Moore v. . the Mayor, Aldermen, C., of New YorkNew York Court of Appeals · 1853
- Bell v. Mayor of New-YorkNew York Court of Chancery · 1843
- Jackson v. EdwardsNew York Court of Chancery · 1839
- Denton v. NannyNew York Supreme Court · 1850
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