Bancroft v. White
New York Supreme Court
Dower for lands and tenements in the town of Canaan, in the county of Columbia, claimed by the demandants, in right of the wife, and as the widow of Daniel Hawes. [*186] *The parties agreed to the following statement of facts.
Read the full summary
Dower for lands and tenements in the town of Canaan, in the county of Columbia, claimed by the demandants, in right of the wife, and as the widow of Daniel Hawes. [*186] *The parties agreed to the following statement of facts. Daniel Hawes, the former husband of Lois Bancroft, one of the demandants, during the coverture, and for some years previous to, as well as on, th'e first day of November, in the year one thousand seven hundred and eiglity-six was possessed of the premises holding, using, and improving the same in his own right, and not in the right of another; and being so possessed,…
1Opinion of the CourtKent, J.
The former husband of the demandant, for some years previous to the 1st November, 1786, was possessed of the premises, and used them as his own, and not in the right of another. He then, for a valuable consideration, conveyed the same in fee with a covenant of warranty, and' the lands have passed, by subsequent conveyances in fee to the present tenant. This is sufficient evidence, in the first instance, of seisin in the husband. The wife is not bound to produce her husband’s deeds, because it is not presumed to be in her power, and in the present case, the tenant claims in fee, under title…
2Cases cited1 opinion
- Wilson v. TroupCourt for the Trial of Impeachments and Correction of Errors · 1823
3Cited by13 opinions
- Averill v. WilsonNew York Supreme Court · 1848
- Davis v. DarrowNew York Supreme Court · 1834
- Bowne v. PotterNew York Supreme Court · 1837
- Dolf v. BassetNew York Supreme Court · 1818
- Foster v. DwinelSupreme Judicial Court of Maine · 1861
8 more not listed; retrieve them via the Exa API.