Legal Opinion

Badgley v. Bruce & Halsey

New York Court of Chancery

Decided April 2, 1833PublishedCited by 12 opinions

This was an appeal from a decretal order of the vice chancellor of the seventh circuit, overruling the demurrer of the defendants to the complainant’s bill. The complainant was the widow of W. Badgley, deceased; and she filed her bill in this cause to recover her dower in a lot of land, of which the husband was seized during coverture.

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This was an appeal from a decretal order of the vice chancellor of the seventh circuit, overruling the demurrer of the defendants to the complainant’s bill. The complainant was the widow of W. Badgley, deceased; and she filed her bill in this cause to recover her dower in a lot of land, of which the husband was seized during coverture. The bill alleged that the premises in question were sold on an execution against the husband, previous to his death, and were purchased by G. V. Sackett, who conveyed the same to the defendant Bruce. That the title thus obtained was in Bruce at the commencement…

1Opinion of the Court

The Chancellor.

It was a question of doubt for some Mine how far a court of equity would take jurisdiction of a case for the assignment of dower. The jurisdiction of the ■court of chancery in England had long been sustained, where 'here was any difficulty in the way of the widow’s proceeding at law, as, tin outstanding term, the want of information as to the title, or the want of means to establish the title of the husband in a court of law, in consequence of the possession of the deeds by the heirs, &c. And finally it was decided, in the case of Mundy v. Mundy, (2 Ves. jun. 122,) that a…

2Cited by12 opinions

  1. Chamberlain v. . ChamberlainNew York Court of Appeals · 1871
  2. Jordan v. . Van EppsNew York Court of Appeals · 1881
  3. Beeman v. KitzmanSupreme Court of Iowa · 1904
  4. Hartshorne v. HartshorneNew Jersey Court of Chancery · 1840
  5. Townsend v. TownsendThe Superior Court of New York City · 1850

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