Elmendorf v. . Lockwood
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of the defendants entered upon the decision of the court at Special Term. This action was brought by plaintiff to recover a dower right in surplus moneys arising upon foreclosure sale.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of the defendants entered upon the decision of the court at Special Term. This action was brought by plaintiff to recover a dower right in surplus moneys arising upon foreclosure sale. In July, 1854, Nicholas Elmendorf, husband of plaintiff, owned several parcels of land situate in the county of Ulster, upon which there were existing three several mortgages given for purchase-money. There were, also, some judgments outstanding against him in favor of defendant Russell.…
1Concurrence
The action in this case is brought to recover surplus moneys remaining after a foreclosure in the hands of mortgagees. It is admitted, that the plaintiff, by joining with her husband, had released her right of dower to one Van Vechten, and that as between her and Van Vechten, the estate was wholly in him. It is, however, claimed, that this fact cannot be set up as between the plaintiff and the mortgagees, who do not claim under Van Vechten's title. When the release was made, the plaintiff's right of dower was inchoate. When the action was commenced her husband was dead, and she had a vested…
2Cases cited7 opinions
- Blain v. HarrisonIllinois Supreme Court · 1849
- Morris v. SargentSupreme Court of Iowa · 1864
- Chicago Dock Co. v. KinzieIllinois Supreme Court · 1868
- Elwood v. KlockNew York Supreme Court · 1852
- Woodworth v. PaigeOhio Supreme Court · 1855
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