Marvin v. . Smith
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court of the fourth judicial department, affirming a judgment entered upon a decision of the court at Special Term, dismissing plaintiff’s complaint.
Read the full summary
Appeal from a judgment of the General Term of the Supreme Court of the fourth judicial department, affirming a judgment entered upon a decision of the court at Special Term, dismissing plaintiff’s complaint. This action is brought to foreclose a mortgage executed by the defendants, Louisa C. Smith and Emory W. Smith, her husband, to the plaintiffs, and bearing date the 16th day of February, 1857. The mortgage was given to secure an indebtedness from said Emory W. Smith to the plaintiffs. On the 10th day of January, 1851, the said Emory W. Smith, being the owner of the lands described in the…
1Opinion of the CourtAllen, J.
It is claimed in the complaint that the dower interest of Mrs. Smith was affected by the mortgage. It could not be except as an incident to an estate or interest of the husband which was the subject of the mortgage.
The right of dower being at the time of the delivery of the mortgage inchoate, could not be conveyed or assigned either absolutely or by way of mortgage. An inchoate right of dower may be released to the grantee of the husband, by a proper conveyance executed and acknowledged in the form prescribed by statute,, but the right cannot be transferred to a stranger, or to one to whom…
2Cases cited4 opinions
- Carson v. MurrayNew York Court of Chancery · 1831
- Russell's heirs v. Marks' heirsCourt of Appeals of Kentucky · 1860
- Tompkins v. FondaNew York Court of Chancery · 1834
- Briggs v. . DavisNew York Court of Appeals · 1860
3Cited by21 opinions
- Brennan v. . WillsonNew York Court of Appeals · 1877
- Mutual Life Insurance v. ShipmanNew York Court of Appeals · 1890
- Witthaus v. . SchackNew York Court of Appeals · 1887
- Thornburg v. ThornburgWest Virginia Supreme Court · 1881
- Craven v. Dominguez Estate Co.California Court of Appeal · 1925
16 more not listed; retrieve them via the Exa API.