Maxwell v. Chapman
New York Supreme Court
This was an action brought by the plaintiff, Eve Maxwell, widow of Anthony Maxwell deceased, to recover her dower in the premises described in the complaint. The defendant, in his answer, denied that the plaintiff was thé widow of the said Anthony Maxwell, or that he ever" was her husband ; or that he died at the time mentioned in the complaint.
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This was an action brought by the plaintiff, Eve Maxwell, widow of Anthony Maxwell deceased, to recover her dower in the premises described in the complaint. The defendant, in his answer, denied that the plaintiff was thé widow of the said Anthony Maxwell, or that he ever" was her husband ; or that he died at the time mentioned in the complaint. He also denied that Anthony Maxwell was seised of an estate of inheritance and possessed of the premises, in his lifetime, or that he ever conveyed the same. And the defendant claimed to be the legal owner of the premises in fee, and that he had held…
1Opinion of the Court
By the Court, Gridley, J.
I. The first ground, on which a new trial is sought, is an alledged error in the admission of the marriage register of Trinity Church in evidence. This was a register that has long been kept at Trinity Church, New-York, containing a record of marriages as far back as 1746, and was proved by the Rev. Doctor Berrian, who is now the rector of the church, and has been since 1830. It appeared from the *581testimony of this witness, that he succeeded Bishop Hobart as rector, who succeeded Bishop Moore, who succeeded Bishop Provoost. When the plaintiff’s counsel proposed to read…
2Cases cited1 opinion
- Lewis v. MarshallSupreme Court of the United States · 1831
3Cited by6 opinions
- Christy v. ClarkeNew York Supreme Court · 1866
- Jacobi v. Order of GermaniaNew York Supreme Court · 1893
- Meehan v. Supreme CouncilAppellate Division of the Supreme Court of the State of New York · 1904
- Holbrook v. OrglerThe Superior Court of New York City · 1875
- Fagan v. FaganNew York Supreme Court · 1890
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