Jackson ex dem. Totten v. Aspell
New York Supreme Court
THIS was an action of ejectment for laud in Warwick, tried at the Orange circuit, in April, 1822, before Mr. Justice Yates. The plaintiff’s lessor, Sally Totten, claimed title to the premises as heir at law to her father, Silas T., deceased, The seisin of Silas Totten of the premises, his death, and that the lessor was his only child, were proved by the plaintiff.
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THIS was an action of ejectment for laud in Warwick, tried at the Orange circuit, in April, 1822, before Mr. Justice Yates. The plaintiff’s lessor, Sally Totten, claimed title to the premises as heir at law to her father, Silas T., deceased, The seisin of Silas Totten of the premises, his death, and that the lessor was his only child, were proved by the plaintiff. The defendant offered to prove, that Elizabeth Totten, the widow of Silas Totten, being indebted to the estate of Silas Totten, her deceased husband, assumed to pay the same; and that as such widow she was entitled to dower in the…
1Opinion of the Court
Spencer, Ch. J.
delivered the opinion of the Court. ’ When dower has been duly admeasured and assigned, the widow acquires a vested estate for life, and can maintain an action of ejectment to recover the possession. (Jackson, ex dem. Miller, v. Hixson, 17 Johns. Rep. 123.)
The right to dower, until it is legally and duly assigned, is a right resting in action only, and it cannot be so aliened, so as to enable the grantee to bring an action in his own *413name. A feme covert, or a widow, may release her claim of dower, so as to bar herself, hut she can invest no other person with the right to…
2Cited by3 opinions
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- Wakeman v. RoacheChatham Superior Court, Ga. · 1832