Wright v. . Saddler
New York Court of Appeals
Appeal from the Supreme Court. This suit was brought iu 1857, to recover fifty-eight acres of land, situated in the county of Erie. At the trial, before Mr. Justice Davis, a verdict was taken for the plaintiff, subject to the opinion of the Supreme Court, on a case to be made, and that court gave judgment for the plaintiff. The defendant appealed to thb court.
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Appeal from the Supreme Court. This suit was brought iu 1857, to recover fifty-eight acres of land, situated in the county of Erie. At the trial, before Mr. Justice Davis, a verdict was taken for the plaintiff, subject to the opinion of the Supreme Court, on a case to be made, and that court gave judgment for the plaintiff. The defendant appealed to thb court. Rhodes Stranahan died in 184B, seised in fee of one hundred and seventy-five acres, of which the premises in question are a part. His only children and heirs were: Elizabeth, wife of Peter Miller; Margaret, wife of E. D. Bivins, and…
1Opinion of the CourtComstock, J.
On the death of the ancestor, Mr. Stranahan, the fee in one undivided third part of the land in question became vested in Angeline Wright, as one of his heirs. Her husband, but for his alienage, would have been a tenant by the curtesy in respect to the same interest, provided there had been a child of the marriage; and if there had been no child, he would still have taken jure uxoris a freehold estate during his own life if he died before his wife, and during her life if he survived her. (2 Kent Com., 130.) For the defendant it is contended that, apart from the disability of alienage, Mr. and…
2Cases cited10 opinions
- Mooers v. WhiteNew York Court of Chancery · 1822
- Stevens v. StevensNew York Supreme Court · 1819
- Clapp v. BromaghamCourt for the Trial of Impeachments and Correction of Errors · 1827
- Barber v. HarrisNew York Supreme Court · 1836
- Town v. NeedhamNew York Court of Chancery · 1831
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3Cited by29 opinions
- Unger v. MooneyCalifornia Supreme Court · 1883
- In Re the Estate of McGrawNew York Court of Appeals · 1888
- Town of Corinth v. EmerySupreme Court of Vermont · 1891
- King v. CarmichaelIndiana Supreme Court · 1893
- Robinson v. EagleSupreme Court of Arkansas · 1874
24 more not listed; retrieve them via the Exa API.