Jewell v. Harrington
New York Supreme Court
This was an action of ejectment for dower, tried at the Otsego circuit, in September, 1835. The plaintiffs claimed dowel in 80 acres of land, in right of the wife, as the former widow of one Samuel Nash. On the trial of the cause they produced a deed from one Royal Crosby to the defendant, bearing date 9th September, 1822, conveying a moiety of the 80 acres of land.
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This was an action of ejectment for dower, tried at the Otsego circuit, in September, 1835. The plaintiffs claimed dowel in 80 acres of land, in right of the wife, as the former widow of one Samuel Nash. On the trial of the cause they produced a deed from one Royal Crosby to the defendant, bearing date 9th September, 1822, conveying a moiety of the 80 acres of land. The description of the premises in this deed was followed by a clause in these words : “Subject, nevertheless, "to the right of dower of Chloe Jewell, who was the widow of Samuel Nash, deceased, who was the former proprietor of…
1Opinion of the Court
By the• Court,
Nelson,- Ch. J.
The first rule laid down by Lord Coke in respect to estoppels is, that they must be reciprocal : that is, bind both parties; and this is the reason,. he observes, that regularly, a stranger shall neither take advantage of nor be bound by an estoppel: privies in blood, as the heir; privies in estate, as feoffee, lessee, &c.; and privies in law,' as the lord by escheat, tenant by the curtesy, in *473dower, &c. shall be bound, and take advantage of estoppels, 2 Co. Litt. 476. It was resolved in Ford v. Grey, 1 Salk. 285, that a recital of a lease in a deed of release is…
2Cases cited1 opinion
- Carver v. JacksonSupreme Court of the United States · 1830
3Cited by2 opinions
- Finnegan v. . McGuffogNew York Court of Appeals · 1911
- City of New York v. Yellow Taxi Corp.City of New York Municipal Court · 1935