Ward v. . Dewey
New York Court of Appeals
Appeal from the Supreme Court. The plaintiffs averred in their complaint that in 1837 their father died seized of a farm, in Schoharie county, leaving a widow, Eleanor, and the plaintiffs, with two other children (C. S. Ward and Polly Ward), his only heirs-at-law. That prior to May 3, 1850, Polly Ward conveyed all her interest in the farm to C. S. Ward.
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Appeal from the Supreme Court. The plaintiffs averred in their complaint that in 1837 their father died seized of a farm, in Schoharie county, leaving a widow, Eleanor, and the plaintiffs, with two other children (C. S. Ward and Polly Ward), his only heirs-at-law. That prior to May 3, 1850, Polly Ward conveyed all her interest in the farm to C. S. Ward. That on May 3, 1850, the widow, Eleanor, whose dower had never been assigned, and C. S. Ward, were in the sole and exclusive occupation of the farm, and on that day executed a mortgage to secure $2600 to the defendant, Dewey, upon the whole…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] It may be assumed, I think, that at the time of the commencement of this suit the plaintiffs were in possession of the premises as tenants in common with the mortgagors of the defendant. This fact is not directly averred in the complaint, but it would seem to follow as a legal deduction from the facts that are averred therein. It is alleged in the complaint that the ancestor under whom the plaintiffs claim to hold by inheritance, died seized in fee of the…
2Cases cited1 opinion
- Peirsoll v. ElliottSupreme Court of the United States · 1832
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- Sloan v. SloanSupreme Court of Florida · 1889
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