Matter of City of New York (Cropsey Ave.)
New York Court of Appeals
In proceedings to condemn real propeity by eminent domain, the inchoate right of dower of the wife of the owner of the fee in said real property must be recognized and protected in the proceedings as against her husband and her interest in the award will be preserved to her.
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In proceedings to condemn real propeity by eminent domain, the inchoate right of dower of the wife of the owner of the fee in said real property must be recognized and protected in the proceedings as against her husband and her interest in the award will be preserved to her. (Byrnes v. Owen, 243 N. Y. 211; Matter of Trustees of New York & Brooklyn Bridge, 75 Hun, 558; 143 N. Y. 640; 89 Hun, 219; Clifford v. Kampfe, 147 N. Y. 383; Simar v. Canaday, 53 N. Y. 298; Utter v. Richmond, 112 N. Y. 610; Wheeler v. Kirtland, 27 N. J. Eq. 534; Matter of Central Park Extension, 16 Abb. Pr. 56; Mutual…
1Opinion of the CourtO’Brien, J.
The respondent and appellant are husband and wife. Frederick Semken was the owner of real estate acquired by the city of New York in a condemnation proceeding. His wife Anna had an inchoate right of dower in this realty. For six damage parcels, including the land and improvements, the sum of $53,258 was awarded to Frederick. With interest to Novem ber 19, 1934, this amounts to $68,432.54. The Comptroller paid Frederick $50,762.24 and deposited $17,670.30 with the City Chamberlin to Frederick’s credit. The husband petitioned for an order directing the Chamberlain to pay this balance to him and…
2Cases cited8 opinions
- Simar v. . CanadayNew York Court of Appeals · 1873
- Moore v. . the Mayor, Aldermen, C., of New YorkNew York Court of Appeals · 1853
- Utter v. . RichmondNew York Court of Appeals · 1889
- Witthaus v. . SchackNew York Court of Appeals · 1887
- Byrnes v. OwenNew York Court of Appeals · 1926
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Hemphill v. Mississippi State Highway CommissionMississippi Supreme Court · 1962
- United States v. 531/4 ACRES OF LAND, MORE OR LESS, ETC.Court of Appeals for the Second Circuit · 1943
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1937
- Mississippi Power & Light Co. v. City of JacksonCourt of Appeals for the Fifth Circuit · 1941
- Hampton v. Hampton Holding Co.Supreme Court of New Jersey · 1955
14 more not listed; retrieve them via the Exa API.