Everson v. . McMullen
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third, judicial department, entered upon an order made September 13, 1887, which affirmed a final judgment in favor of plaintiff, entered upon a decision of the court confirming the report of a referee, and also modified and affirmed as modified, an interlocutory judgment. This action was brought by plaintiff, as the widow of Morgan Everson, to recover dower in certain premises.
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Appeal from judgment of the General Term of the Supreme Court in the third, judicial department, entered upon an order made September 13, 1887, which affirmed a final judgment in favor of plaintiff, entered upon a decision of the court confirming the report of a referee, and also modified and affirmed as modified, an interlocutory judgment. This action was brought by plaintiff, as the widow of Morgan Everson, to recover dower in certain premises. On the trial the court held that plaintiff’s dower interest should be charged with its just proportion of a mortgage in which she joined with her…
1Opinion of the Court
Finch J.
We are required to settle on this appeal the disagreement between the trial court at the first hearing and the ■General Term, and determine which decision was correct.
The property in question was owned originally by Morgan Everson who mortgaged it to the Bondout Savings .Bank for $12,000; his wife, who is the present plaintiff, joining with him in the mortgage to cover her inchoate right -of dower. Everson died soon thereafter, and his executor sold the equity of redemption at public auction for one dollar. The case does not disclose the authority upon which he acted, but nobody…
2Cases cited7 opinions
- Gans v. . ThiemeNew York Court of Appeals · 1883
- Malloney v. . HoranNew York Court of Appeals · 1872
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- Popkin v. BumsteadMassachusetts Supreme Judicial Court · 1812
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3Cited by9 opinions
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