Jones v. . Fleming
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made November 10, 1885, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below 37 Hun, 227) The nature or the action and the material facts are stated in the opinion. The plaintiff was not entitled to recover dower in this action.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made November 10, 1885, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below 37 Hun, 227) The nature or the action and the material facts are stated in the opinion. The plaintiff was not entitled to recover dower in this action. (Payne v Becker, 87 N. Y. 157, Gerard’s Titles, 157, 3 N Y R S [7th ed.] 2197, § 1; Cropsey v. Ogden, 11 N. Y. 228; Amory v. Amory, 6 Robt. 514; Smith v. Woodworth, 44 Barb. 198.) The plaintiff’s…
1Opinion of the CourtEarl, J.
The plaintiff commenced this action to recover dower in certain lands mentioned in the complaint, as the widow of James Jones, deceased, against his children and heirs-at-law. The defendants interposed, as a defense to the action, that at the time of plaintiff’s marriage with Jones, she had another husband living, and also that she had released, and agreed to release, any dower right. which she had in the lands.
Upon the trial, before the referee appointed to hear and determine the action, it appeared that the plaintiff was married to one Firth in 1855; that she lived with him as her husband…
2Cases cited1 opinion
- Prevot v. . LawrenceNew York Court of Appeals · 1872
3Cited by14 opinions
- Barnes v. KlugAppellate Division of the Supreme Court of the State of New York · 1908
- In re the Estate of ZweigNew York Surrogate's Court · 1932
- Price v. . PriceNew York Court of Appeals · 1891
- Dworsky v. ArndtsteinAppellate Division of the Supreme Court of the State of New York · 1898
- Greening v. WallaceMichigan Supreme Court · 1932
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