Jones v. Patterson
New York Supreme Court
Demurrer to complaint. The complaint alledged that in June, 1845, the plaintiff intermarried with Mary Ann Patterson, who was seised in fee of certain lands described in the complaint, situate in Erie county. The defendant used and occupied the land, with the permission of the plaintiff and his wife, during the coverture.
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Demurrer to complaint. The complaint alledged that in June, 1845, the plaintiff intermarried with Mary Ann Patterson, who was seised in fee of certain lands described in the complaint, situate in Erie county. The defendant used and occupied the land, with the permission of the plaintiff and his wife, during the coverture. The wife died in May, 1847. The defendant, in consideration of such use and occupation, undertook and promised to pay the plaintiff and his wife such sum as the use and occupation of the premises were reasonably worth, &c. Averment as to the value of the use of the premises.…
1Opinion of the Court
By the Court,
Marvin, J.
The effect of marriage, at common law, to merge the "separate existence of the wife, during coverture, and to vest in her husband, during such period, a right to the rents and profits of her real estate. (Broom on Parties, § 94.) If the wife is seised of an estate of inheritance in land, her husband upon marriage becomes seised of the free hold, jure uxoris, and he takes the rents and profits during theii joint lives. (2 Kent’s Com. 130.) The husband may use and occupy the lands of his wife, or he may demise them. The lease will bind him and his wife during the…
2Cases cited3 opinions
- Barber v. HarrisNew York Supreme Court · 1836
- Jackson ex dem. Campbell & Reade v. HollowayNew York Supreme Court · 1810
- Jackson ex dem. Corson v. CairnsNew York Supreme Court · 1822