Jackson ex dem. Clark v. O'Donaghy
New York Supreme Court
THIS was an action of ejectment, to recover possession of lot No. 8. in Falius, in the county of Onondaga. The cause was tried before Mr. Justice Thompson, at the Onondaga circuit, the 21st June, 1809. Patrick O'Donaghy was in possession of the premises in 1804, and continued in possession until the time of his death, in the autumn of 1806. A judgment was recovered in the Onondaga common pleas, in October term, 1806, against William Dougherty and Patrick O'Donaghy, before…
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THIS was an action of ejectment, to recover possession of lot No. 8. in Falius, in the county of Onondaga. The cause was tried before Mr. Justice Thompson, at the Onondaga circuit, the 21st June, 1809. Patrick O'Donaghy was in possession of the premises in 1804, and continued in possession until the time of his death, in the autumn of 1806. A judgment was recovered in the Onondaga common pleas, in October term, 1806, against William Dougherty and Patrick O'Donaghy, before the death of the latter, for 12/ dollars and 30 cents, at the suit of Russel Clark, on which z fieri facias was issued, by…
1Opinion of the CourtVan Ness, J.
delivered the opinion of the court.The privilege of the widow to “ tarry in the chief house of her husband for forty days, or until her dower be assigned her,” does not protect her from an action of ejectment by the heir, or any person deriving title from him, after the forty days have elapsed. There is some difference between the words of our statute, (1 Rev. Laws of N. Y. 51.) and magna charta, (c. 7.) from which the. statute was taken; but it is a difference, I apprehend,, in the words only. In the former the expression is, that the widow “ shall tarry forty days, &c. or until her dower be…
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