Priest v. Cummings
New York Supreme Court
Error from the superior court of the city of New-York. Catharine Cummings brought her action against Luke Kip, to recover, as the widow of James Cummings, her dower in certain lots in the city of New-York.
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Error from the superior court of the city of New-York. Catharine Cummings brought her action against Luke Kip, to recover, as the widow of James Cummings, her dower in certain lots in the city of New-York. In 1796, the lots in question were conveyed to her husband; on the 29th of January, 1802, the plaintiff was married to James Cummings, a natural born citizen, with whom she lived in the city of New-York until his death in 1832; at the commencement of this suit, the defendant was in possession of the premises in question under title derived from the husband of the plaintiff, by virtue of the…
1Opinion of the Court
By the Court, Nelson, J.
The plaintiff below married James Cummings, who was a resident of the city of New-York, on the 29th day of January, 1802, and both continued to reside there until his death in 1832. The plaintiff was an alien until the 16th October, 1829, when she was naturalized. The husband was a natural born citizen. The evidence in the bill of exceptions sufficiently establishes the fact, and the presumption of law would supply any defect if necessary, (the domicil of the wife following that of the husband,) that the plaintiff was an inhabitant of this state before the act of the…
2Cases cited5 opinions
- Spratt v. SprattSupreme Court of the United States · 1830
- Campbell v. Gordon and WifeSupreme Court of the United States · 1810
- Jackson ex rel. E. Doran v. GreenNew York Supreme Court · 1831
- Stark v. The Chesapeake Insurance CompanySupreme Court of the United States · 1813
- Mick v. MickNew York Supreme Court · 1833
3Cited by13 opinions
- Hitz v. JenksSupreme Court of the United States · 1887
- Law v. LongIndiana Supreme Court · 1873
- Adams v. PalmerSupreme Judicial Court of Maine · 1863
- Bennett v. HarmsWisconsin Supreme Court · 1881
- Burton v. BurtonNew York Court of Appeals · 1864
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