¶1after advisement, made an order, that the two parcels in respect to which the right of the plaintiff was conceded, be struck from the declaration, upon payment of costs and upon the defendants surrendering the possession of the two parcels and delivering to the plaintiff a stipulation that the mesne profits of those parcels be assessed at the same time that the mesne profits of the other parcels be assessed in case the plaintiff shall recover in respect to such other parcels; and if he do not so recover, then that they be assessed in like manner as if judgment had passed in favor of the plaintiff for the two parcels stricken from ihe declaration.
20 Wend. 635
Mower v. Mower
Decided October 15, 1839
New York Supreme Court · decided 1839-10-15
This was an action of ejectment for dower, in which the plaintiff claimed to recover several distinct parcels of land. The defendants admitted her right to recover two of the parcels described in the declaration, but denied her right as to the residue. They therefore applied to the court for leave to surrender the two parcels, and that as to those all further proceedings be stayed.
Cited by 2 later decisions — most recently January 1852
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1839-10-15
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