Abbey v. Deyo
New York Supreme Court
THIS was an action of replevin, brought by the plaintiff against the defendant, as sheriff, for flour, feed, grain, &c. levied upon by him under and by virtue of an execution against Stephen Abbey, the husband of the plaintiff. The cause was tried at the Ulster circuit, in January, 1863, before Justice Gould and a jury, and the plaintiff was non-suited. It came here upon a case made under an order that it be heard in the first instance at a general term.
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THIS was an action of replevin, brought by the plaintiff against the defendant, as sheriff, for flour, feed, grain, &c. levied upon by him under and by virtue of an execution against Stephen Abbey, the husband of the plaintiff. The cause was tried at the Ulster circuit, in January, 1863, before Justice Gould and a jury, and the plaintiff was non-suited. It came here upon a case made under an order that it be heard in the first instance at a general term. It appears from the case that in and prior to April, 1861, Stephen Abbey did business at Eondout, for Gordon Grant, in the feed and flour…
1Opinion of the CourtHogeboom, J.
It was quite possible for a married woman before the enabling acts of 1848 and 1849 to own property, both real and personal. As to real property which came to her by descent or devise, or by deed of gift or purchase from her funds, it is quite clear by the principles of the common law, that the title to it was in her, and on her death passed to her heirs or devisees; and that her husband did not take by surviving her. (2 Kent’s Com. 131, 132.)
Notwithstanding he had an interest in the property, and during the coverture an exclusive right to the rents and profits, and in case of issue the same…
2Cases cited4 opinions
- Sherman v. . ElderNew York Court of Appeals · 1862
- Van Duzer v. Van DuzerNew York Court of Chancery · 1837
- Sleight v. ReadNew York Supreme Court · 1854
- Carter v. CarterNew York Court of Chancery · 1829
3Cited by5 opinions
- Cooper v. HamIndiana Supreme Court · 1875
- Miller v. PeckWest Virginia Supreme Court · 1881
- Wood v. SancheyNew York Court of Common Pleas · 1870
- Avery v. DoaneDistrict Court, W.D. Wisconsin · 1854
- Dingens v. ClanceyNew York Supreme Court · 1876