Shaver v. M'Graw
New York Supreme Court
This was an action of ejectment for dower tried at the Scho-harie circuit in November, 1831, before the Hon. James Yanderpoel, one of the circuit judges. The suit was broght to recover the dower of Sally, the wife of Jacob J. Shaver, in certain lands, whereof her former husband, Heth Peek, died seized. After proving marriage, seizin and death of former husband, and the service of the declaration on the defendant while at work on the premises, the plaintiffs rested.
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This was an action of ejectment for dower tried at the Scho-harie circuit in November, 1831, before the Hon. James Yanderpoel, one of the circuit judges. The suit was broght to recover the dower of Sally, the wife of Jacob J. Shaver, in certain lands, whereof her former husband, Heth Peek, died seized. After proving marriage, seizin and death of former husband, and the service of the declaration on the defendant while at work on the premises, the plaintiffs rested. The defendant then produced the last will and testament of Heth Peek, by which he devised the premises, in which dower was…
1Opinion of the Court
By the Court,
Sutherland, J.
The question of the defendant’s possession of the premises, at the commencement of the suit, was properly submitted by the judge to the jury, and his charge upon that point was correct. 'He instructed them, that if they were satisfied, from the testimony, that the defendant was in the actual possession of the premises in question, at the commencement of this suit, then the plaintiffs would be entitled to their verdict; but if, on the contrary, they should be of the opinion that Mrs. Peck, the mother of the defendant, had the sole possession and control of the…
2Cases cited1 opinion
- Hurd v. GrantNew York Supreme Court · 1829
3Cited by15 opinions
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- Postlewaite v. WiseWest Virginia Supreme Court · 1880
- Danihee v. . HyattNew York Court of Appeals · 1897
- Lucas v. JohnsonNew York Supreme Court · 1850
- People v. AmbrechtNew York Supreme Court · 1859
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