Titus v. Neilson
New York Court of Chancery
THE petition oí Catherine J eiison was presented, claiming dower out of the proceeds of the sale of an equity of redemption, in certain mortgaged premises. ít appeared from the petition, that her husband William Neilson, during the coverture, executed a mortgage to the plaintiff, William Titus, in fee, to secure the payment of 40,000 dollars, and that she joined in the mortgage, and duly executed and acknowledged it.
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THE petition oí Catherine J eiison was presented, claiming dower out of the proceeds of the sale of an equity of redemption, in certain mortgaged premises. ít appeared from the petition, that her husband William Neilson, during the coverture, executed a mortgage to the plaintiff, William Titus, in fee, to secure the payment of 40,000 dollars, and that she joined in the mortgage, and duly executed and acknowledged it. Her husband, after-wards, gave another mortgage upon the same land, to the defendant Coles, to secure the payment of a sum of money to him; but she did not join in this mortgage.…
1Opinion of the Court
The Chancellor.
The claim of the widow must be admitted, according to a series of decisions in the Courts of this State. In England, dower is considered as a mere legal right, and equity follows the law, and will not create the right where it does not subsist at law. It is on this principle, according to Lord Redesdale, (2 Sch. and Lef. 388.) that a Court of Equity will not allow dower of an equity of redemption reserved upon a mortgage in fee, though there may be dower of an equity of redemption upon a mortgage for a term of years, because in that case, the law gives dower, subject to the…
2Cases cited1 opinion
- Tabele v. TabeleNew York Court of Chancery · 1814
3Cited by14 opinions
- Harris v. PowersSupreme Court of Georgia · 1907
- Silberman v. Jacobs & SilbermanCourt of Appeals of Maryland · 1970
- Bates v. CoeSupreme Court of Connecticut · 1834
- Gray v. JenksU.S. Circuit Court for the District of Maine · 1825
- Bank of Commerce v. OwensCourt of Appeals of Maryland · 1869
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