Ferguson v. . Tweedy
New York Court of Appeals
Appeal "by the plaintiff from a judgment of the Supreme Court rendered at a General Term in the fourth district, affirming a judgment ordered by Mr. Justice Bocees, at Special Term on a trial before him without a jury, dismissing the complaint of the plaintiff’s testator with costs.
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Appeal "by the plaintiff from a judgment of the Supreme Court rendered at a General Term in the fourth district, affirming a judgment ordered by Mr. Justice Bocees, at Special Term on a trial before him without a jury, dismissing the complaint of the plaintiff’s testator with costs. The action was brought originally, by Harvey D. Ferguson, the plaintiff’s testator, for equitable relief upon the following facts, proved and found by the judge before whom the cause was tried, to wit: Henry Green, of the county of Montgomery, was, prior to and at the time of his death, the owner in fee-simple of…
1Opinion of the CourtFolger, J.
This action cannot he sustained unless Harvey D. Ferguson, the testator, had in his lifetime an estate as tenant by the curtesy in the premises, or some part of them, which were recovered in the action of the respondents against Samuel G. Green, judgment wherein was rendered on the 1st of February, 1861. To establish such tenancy there were needed four things: Marriage, issue of the marriage, death of the wife, and her seizin, during marriage, of the premises in question. There is no dispute but that all of these existed, save the last.
It is a general rule that to support a tenancy by the…
2Cases cited4 opinions
- Jackson ex dem. Swartwout v. JohnsonNew York Supreme Court · 1825
- Baker v. . LorillardNew York Court of Appeals · 1850
- Ellsworth v. CookNew York Court of Chancery · 1841
- Carpenter v. SchermerhornNew York Court of Chancery · 1847
3Cited by12 opinions
- Carr v. AndersonAppellate Division of the Supreme Court of the State of New York · 1896
- In re the Estate of DobsonNew York Surrogate's Court · 1911
- In re the Estate of MezgerNew York Surrogate's Court · 1935
- Baker v. OakwoodNew York Supreme Court · 1888
- Collins v. . RussellNew York Court of Appeals · 1906
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