Smith v. Gardner
New York Supreme Court
APPEAL from a judgment of nonsuit. The action was ejectment, brought by the plaintiff to recover her dower in certain lands of which her husband, Sheldon E. Smith, was seised during coverture.
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APPEAL from a judgment of nonsuit. The action was ejectment, brought by the plaintiff to recover her dower in certain lands of which her husband, Sheldon E. Smith, was seised during coverture. He purchased the premises on the 1st of April, 1836, of one Henshaw, and took a conveyance thereof, subject to a prior mortgage, given by Henshaw for the purchase money, giving back a mortgage to Henshaw, to secure the purchase money, and stipulating to pay, as a part of such purchase money, the amount due upon the prior mortgage. Afterwards, and on the 13th day of October, 1836, Sheldon R. Smith was…
1Opinion of the Court
By the Court,
Daniels, J.
The right of the plaintiff to
recover, is placed entirely on the circumstance that she was not a party to the foreclosure. And the only question now presented is, whether this is sufficient to entitle her to maintain the present action.
It is true, as a general legal proposition, that the widow is entitled to be endowed in all the lands of which her hus*365band, during the marriage, was seised of an estate of inheritance. But this right is liable to be defeated by every subsisting claim or incumbrance in law or equity, existing before the inception of the title, and which…
2Cases cited8 opinions
- Chase v. . PeckNew York Court of Appeals · 1860
- Mills v. . Van VoorhiesNew York Court of Appeals · 1859
- Bell v. Mayor of New-YorkNew York Court of Chancery · 1843
- Benedict v. Gilman & CouchNew York Court of Chancery · 1833
- Robinson v. . RyanNew York Court of Appeals · 1862
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Kling v. GhilarducciIllinois Supreme Court · 1954
- Dorff v. BornsteinNew York Court of Appeals · 1938
- Butler v. VieleNew York Supreme Court · 1861
- State Life Insurance v. FreemanAppellate Court of Illinois · 1941
- Lunny v. McClellanAppellate Division of the Supreme Court of the State of New York · 1906
4 more not listed; retrieve them via the Exa API.