¶1dissented, upon the ground that all claim of the plaintiff of title to the land or of any interest therein, whether as dower or otherwise, was cut off by the judgment under which the defendant acquired title. That being a party to the action, she was bound to set up any defense she had to the relief demanded by the plaintiff therein, which was a sale of the land for the purpose of paying the debts of the grantor. Whether such defense was a bar to the entire action by showing a valid 'title to the whole land as against the claim made by the plaintiff, or partial only by showing title to part, or some lien or claim thereto, contingent or otherwise, not subject to the claim of the plaintiff. That Lewis v. Smith (5 Seld. 502), was not applicable to the facts of this case.
12 Abb. Pr. 289
Malony v. Horan
Decided February 15, 1872
New York Court of Appeals · decided 1872-02-15
Eliza Maloney, as widow of Patrick Maloney, deceased, brought an action in the supreme court to recover her dower interest in certain lands. Patrick Maloney, her husband, being the owner of the premises, had, on November 11, 1864, conveyed them to his brother, Michael Maloney, for a consideration of one dollar, and in this conveyance the plaintiff had joined, and released her dower in the usual form. On December 28, 1864, Michael Maloney conveyed the premises to plaintiff.
Cited by 1 later decisions — most recently October 1877
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1872-02-15
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