Tompkins v. Fonda
New York Court of Chancery
This was an application for the appointment of a receiver, upon a judgment creditor’s bill. The only property of the defendant was her right of dower in a farm of which her husband died seised; of which farm she had continued in possession, with the heirs of the husband, from the time of his death; but her dower therein had never been demanded, or assigned to her.
Read the full summary
This was an application for the appointment of a receiver, upon a judgment creditor’s bill. The only property of the defendant was her right of dower in a farm of which her husband died seised; of which farm she had continued in possession, with the heirs of the husband, from the time of his death; but her dower therein had never been demanded, or assigned to her. And the only question presented to the court, for its decision, was whether this was such an interest as could be reached by the aid of the court of chancery, after the return of an execution at law unsatisfied.
1Opinion of the Court
The Chancellor.
At law, the widows right of dower, previous to an assignment thereof, is not an estate or freehold in the land of her deceased husband, but is a mere right or chose in action. She has not, therefore, such an interest in the land as can be sold on execution. Neither can she, before assignment and entry, convey her dower right to a stranger, by any of the ordinary modes of conveying freehold es-*449tales, so as to vest the legal interest in her grantee. (Watk, on Conv, by Merrifield, 41. Jick. Leg. & Eq. Estates, 362. 4 Dow. & Ryl. Rep. 276. 9 Mass. Rep. 13.) But in equity, if the…
2Cases cited1 opinion
- Sheafe v. O'NeilMassachusetts Supreme Judicial Court · 1812
3Cited by28 opinions
- Schenck v. . BarnesNew York Court of Appeals · 1898
- Malloney v. . HoranNew York Court of Appeals · 1872
- Mutual Life Insurance v. ShipmanNew York Court of Appeals · 1890
- Payne v. . BeckerNew York Court of Appeals · 1881
- Morris v. GlaserNew Jersey Court of Chancery · 1930
23 more not listed; retrieve them via the Exa API.