Hazen v. Thurber
New York Court of Chancery
BILL for dower. The question was as to costs and mesne profits. The .widow claimed the mesne profits from the death of her husband, who died seized, in 1803, and also costs. There had been no demand of dower of the heir or terre-tenant.
1Opinion of the Court
The Chancellor.
The widow is entitled to the value of the mesne profits arising from the us.e of the undivided third part of the premises whereof her husband died seized ; and the account is to be taken from his death, exclusive of the improvements since made thereon; and these mesne profits are to be assessed upon the defendants, respectively, accord-, ing to the time .of their, enjoyment of the land: And there *605must be a reference to compute the same. As the plaintiff had never claimed her dower, and no opposition or vexation is chargeable upon the heir or terre-tenant, costs are denied. Lord…
2Cited by3 opinions
- Hale v. JamesNew York Court of Chancery · 1822
- Armstrong v. Trustees of Union CollegeAppellate Division of the Supreme Court of the State of New York · 1900
- Chase v. SearlesSupreme Court of New Hampshire · 1864