Brewster v. Brewster
New York Supreme Court
APPEAL by the defendant from an order made at a special term, sustaining the plaintiff’s demurrer to the answer of the defendant. The facts are sufficiently stated in the opinion of the court.
1Opinion of the CourtHogeboom, J.
This is an action of ejectment for dower, commenced in 1859. The answer alleges that the plaintiff’s husband died in 1827, and that she, being under no disability, has not prior to this suit, in any way demanded her dower, nor had the same assigned or admeasured to her, and is therefore barred of her action. To this answer the plaintiff demurred as not constituting a defense to the action, and the court at special term sustained the demurrer, with liberty to the defendant to answer over. The question presented by the demurrer therefore is, whether the limitation of 20 years prescribed by the…
2Cases cited3 opinions
- Lawrence v. Trustees of Leake & Watts Orphan HouseNew York Supreme Court · 1845
- Sayre v. WisnerNew York Supreme Court · 1832
- Lewis v. SpencerNew York Supreme Court · 1834