Hurd v. Grant

Decided October 15, 1829

New York Supreme Court · decided 1829-10-15

This was an action of dower unde nihil habet, tried at the Delaware circuit, in June, 1828, before the Hon. James Bmott, one of the circuit judges. The defendant pleaded several pleas, one of which was non-tenure.

Good law ✅— No negative treatment on recordhow we know

Decided 1829-10-15

How this case has been cited

Cited by 4 later decisions — most recently April 1904

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1By the Court,

Marcy, J.

¶2A writ of dower unde nihil ha-bet lies only against the tenant of the freehold. (Comyn’ Dig. Pleader 2, y. 1. Fitz. N. B. 148.) It has been adjudged by the court of appeals in Virginia, that a suit for dower cannot be brought against a tenant from year to year; that it can be sustained only against the ■ tenant of the freehold having the inheritance, or an estate equal in duration to the life of the demandant. (1 Hen. & Munf. 268.) "The freehold of the premises in which dower was demanded in this case was shewn to be in a person other than the defendant, and the defendant had not even the actual possession. The motion to set aside the nonsuit must be denied.

¶3Motion denied.