Moak v. Coats
New York Supreme Court
THIS action was brought by the plaintiff as receiver appointed under, and by virtue of, supplementary .proceedings against Catharine Coats, a judgment debtor.
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THIS action was brought by the plaintiff as receiver appointed under, and by virtue of, supplementary .proceedings against Catharine Coats, a judgment debtor. The defendant is the owner of a farm of land, of which the husband of Catharine Coats died seised, having purchased the same of the heirs; and in the deed of conveyance Catharine Coats, the widow, united, -releasing her dower for a full and valuable consideration, and without notice, on the part of the defendant of any supplemental juoceedings against her. Prior to the execution of the deed by Catharine Coats, the plaintiff had been…
1Opinion of the Court
By the Court,
Campbell, J.
In Thompson v. Fonda, (4 Paige, 448,) and Stewart v. McMartin, (5 Barb. 438,) it was held that a widow's right of dower, before assignment, is a chose in action, which a court of chancery could, under the statute, (2 P. S. 174, § 39,) compel the widow to apply in payment of a judgment recovered against her, after the return of an execution unsatisfied. But though the right of dower is a chose or thing in action, that right proceeds from or is founded on a vested estate for life in one third of the lands of which her husband was seised during coverture. It is said “a…
2Cases cited2 opinions
- Tompkins v. FondaNew York Court of Chancery · 1834
- Stewart v. McMartinNew York Supreme Court · 1849
3Cited by6 opinions
- Barker v. DaytonWisconsin Supreme Court · 1871
- Foster v. TownshendNew York Court of Common Pleas · 1872
- Hayes v. BuckleyOneida County Court · 1877
- Pfluger v. CornellCity of New York Municipal Court · 1885
- Scott v. ElmoreNew York Supreme Court · 1877
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