Matthews v. Duryee
New York Court of Appeals
This action was brought to recover dower in surplus funds, arising from sales under decrees of foreclosure. Plaintiff is widow of Charles S. Matthews, deceased, who owned in fee simple, during the marriage, the real estate ^described in the pleadings. These lands were subject to three mortgages, in two of which the plaintiff joined, the third being for part of 'the purchase-money.
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This action was brought to recover dower in surplus funds, arising from sales under decrees of foreclosure. Plaintiff is widow of Charles S. Matthews, deceased, who owned in fee simple, during the marriage, the real estate ^described in the pleadings. These lands were subject to three mortgages, in two of which the plaintiff joined, the third being for part of 'the purchase-money. On the 30th of September, 1857, the husband of plaintiff made a general assignment to the defendant, Duryee, in trust for the benefit of creditors, in which plaintiff did not join. In 1858 and 1859, these mortgages…
1Opinion of the CourtBacon, J.
That the plaintiff is endowable of the surplus which remained after the payment of the mortgages which had been foreclosed, is too well settled to be questioned. (Hawley v. Bradford, 9 Paige. 200; Vartie v. Underwood, 18 Barb. 561.) Hor will her right be affected whether the sales upon the foreclosure suits took place before or after the death of her husband, for it has been decided in this court that the inchoate right of dower of the wife is as much entitled to protection as the perfected or vested rights of the widow. (Mills v. Van Voorhies, 20 N. Y. 412.) Indeed these propositions are not…
2Cases cited2 opinions
- Mills v. . Van VoorhiesNew York Court of Appeals · 1859
- Vartie v. UnderwoodNew York Supreme Court · 1854
3Cited by14 opinions
- Simar v. . CanadayNew York Court of Appeals · 1873
- Roessle v. RoessleAppellate Division of the Supreme Court of the State of New York · 1914
- Goenen v. SchroederSupreme Court of Minnesota · 1871
- Butler v. CraigSupreme Court of Kansas · 1883
- People v. Albany & Susquehanna Railroad Co.New York Supreme Court · 1870
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