Cox v. Jagger
New York Supreme Court
Dower, unde nihil habet, by Mary Cox, widow of John deceased, of land, &c., in the town of Newburgh, in Orange county. Plea, that after the decease of Cox, the husband to wit, on the 31st of May, 1821, at Newburgh, &c.
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Dower, unde nihil habet, by Mary Cox, widow of John deceased, of land, &c., in the town of Newburgh, in Orange county. Plea, that after the decease of Cox, the husband to wit, on the 31st of May, 1821, at Newburgh, &c. Alexander Cox, the son of the demandant, and her late husband, John Cox, having been previously seised in fee simpie of the premises in question, and having prior to that day conveyed the same to the tenants, with covenants of warranty, and for quiet enjoyment, and against incumbrances, Alexander Cox and the demandant, on the said 31st of May, at Newburgh aforesaid, by their…
1Opinion of the Court
Curia, per Woodworth, J.
The law is well settled, that where the parties might, by their own act, transfer real property, or exercise any act of ownership with respect to it, they may refer any disputes concerning it to the decision of arbitrators, who may order the same acts to be done which the parties themselves might do by agreement. (Kyd on Awards, 61.) The demandant’s claim of dower being a proper subject of submission, the inquiry will be, whether the award is a bar to the action.
The submission and award are set out in the plea, with an averment, that after publishing the award, Cox…
2Cases cited5 opinions
- Sellick & Sellick v. AddamsNew York Supreme Court · 1818
- Martin v. WilliamsNew York Supreme Court · 1816
- Strang v. FergusonNew York Supreme Court · 1817
- Jackson ex dem. Totten v. AspellNew York Supreme Court · 1823
- Shepard v. RyersNew York Supreme Court · 1818
3Cited by19 opinions
- New York Lumber & Wood Working Co. v. SchniederNew York Court of Appeals · 1890
- Muldrow v. NorrisCalifornia Supreme Court · 1852
- Rayner v. LeeMichigan Supreme Court · 1870
- Herbst v. . HagenaersNew York Court of Appeals · 1893
- Reynolds v. ReynoldsSupreme Court of Alabama · 1849
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