Wait v. Wait
New York Supreme Court
Ejectment for dower, tried at the Saratoga circuit in November, 1847, before Justice A. 0. Paige. Joseph Wait died in 1845. On the 25th of November, 1825, the plaintiff obtained in the court of chancery of this state a decree of divorce against the said Joseph Wait for adultery committed by him. The following is a copy of that decree.
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Ejectment for dower, tried at the Saratoga circuit in November, 1847, before Justice A. 0. Paige. Joseph Wait died in 1845. On the 25th of November, 1825, the plaintiff obtained in the court of chancery of this state a decree of divorce against the said Joseph Wait for adultery committed by him. The following is a copy of that decree. “ This cause having been brought on this day to be heard upon the equity reserved, and for further directions upon the report of George W. Kirtland, Esq., one of the masters of this court, bearing date the 31st day of October last past, and upon the proofs taken…
1Opinion of the Court
By the Court, Hand, J.
This case presents the distinct question, whether, after a dissolution of the marriage by a decree of the court of chancery of this state, for the adultery of the husband, the complainant in that suit, after the death of the defendant, can have dower of the lands of which he was seised during coverture ? It is believed that this is the first time this question has directly arisen in this state, and as it is of some importance, it calls for all due consideration. Eminent men, as we shall see in our examination of authorities, have *199thrown out suggestions; but I am not…
2Cases cited5 opinions
- Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
- Jackson ex dem. Clark v. O'DonaghyNew York Supreme Court · 1810
- Reynolds v. ReynoldsNew York Supreme Court · 1840
- Renwick v. RenwickNew York Court of Chancery · 1843
- Wilbur v. BeecherU.S. Circuit Court for the District of Northern New York · 1850
3Cited by5 opinions
- Uhlmann v. UhlmannNew York Court of Common Pleas · 1885
- Rumsey v. SullivanAppellate Division of the Supreme Court of the State of New York · 1914
- Falikman v. FalikmanAppellate Division of the Supreme Court of the State of New York · 1923
- Kade v. LauberNew York Supreme Court · 1875
- Price v. PriceNew York Supreme Court · 1884