Day v. West
New York Court of Chancery
The bill was filed to foreclose a mortgage given by the defendant Jesse West to John Edwards, deceased. West objected to payment, on the ground of the defendant Bridget Edwards, the widow of the said John Edwards, having an estate of dower in the mortgaged premises ; and that his title to the property for which he had Edwards’s warrantee deed, was thereby impaired.
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The bill was filed to foreclose a mortgage given by the defendant Jesse West to John Edwards, deceased. West objected to payment, on the ground of the defendant Bridget Edwards, the widow of the said John Edwards, having an estate of dower in the mortgaged premises ; and that his title to the property for which he had Edwards’s warrantee deed, was thereby impaired. The complainant alleged that a divorce had taken place between John Edwards and Bridget his wife and alimony paid her in gross by way of bar to the supposed right of dower. It appeared that the defendant, Jesse West, before the…
1Opinion of the Court
The Vice-Chancellor:
According to the condition of the bond and mortgage, the defendant, Jesse West, was to pay the interest of six per cent, on two thousand dollars during the joint lives of the intestate John Edwards and his wife Bridget: and upon the death of the wife or the extinguishment of her right of dower, the principal sum was to be paid. At the death of the intestate, it appears, less than one hundred dollars was in arrear for interest, so that his personal representative, who has filed this bill, could not sustain it on the ground of such arrears being due—the sum being below the…
2Cited by8 opinions
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- Price v. . PriceNew York Court of Appeals · 1891
- O'Malley v. O'MalleyMontana Supreme Court · 1913
- Hattie Farm v. Farm CornnHawaii Supreme Court · 1930
- Buckley v. MonsarratHawaii Supreme Court · 1899
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