Stow v. Tifft
New York Supreme Court
THIS was an action of dower, brought to recover dower in two lots in Douglas patent, in the town-of Bolton, in R16 County of Warren. The tenant pleaded ne ungues, selsie Ue dower, and ne ungues accoupléin loyal matrimonie. The cause was tried before Mr. J. Yales, at the Warren cir-e e 7 cuit, in June, 1817, The marriage of the demandant, and the death of her husband, in December, 1804, were proved.
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THIS was an action of dower, brought to recover dower in two lots in Douglas patent, in the town-of Bolton, in R16 County of Warren. The tenant pleaded ne ungues, selsie Ue dower, and ne ungues accoupléin loyal matrimonie. The cause was tried before Mr. J. Yales, at the Warren cir-e e 7 cuit, in June, 1817, The marriage of the demandant, and the death of her husband, in December, 1804, were proved. Timothy Stum, the husband of the demandant, purchased the premises in question during the coverture, and paid part of the consideration money ; and to secure the payment of the residue, executed,…
1Opinion of the CourtSpencer, J.
The demandant’s right to recover her dower depends on the nature of her husband’s seisin. Timothy Stow, her husband, purchased the premises in question after his marriage with the plaintiff, and paid part of the consideration money; and *462for securing the residue, he, at the time of receiving his conveyance, executed to the grantor a mortgage of the same premises. After his death, the premises were sold under a , power contained in the mortgage, and the defendant holds under that sale. The question to be decided is, whether there was such a seisin of the husband of the demandant, as to entitle…
2Cases cited1 opinion
- Jackson ex dem. Trowbridge v. DunsbaghNew York Supreme Court · 1799
3Cited by72 opinions
- Mills v. . Van VoorhiesNew York Court of Appeals · 1859
- Wilson v. TroupCourt for the Trial of Impeachments and Correction of Errors · 1823
- Eslava v. LepretreSupreme Court of Alabama · 1852
- Beck v. McGillisNew York Supreme Court · 1850
- Fletcher v. HolmesIndiana Supreme Court · 1870
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