45 Barb. 69
Decided February 1, 1864
New York Supreme Court · decided 1864-02-01
rpHIS was an action brought by the plaintiff, as the widow I of Charles S. Matthews, to recover her dower in surplus moneys-arising from the sale of mortgaged premises under a decree for the foreclosure of a mortgage executed by her husband. By an order inade 'in that suit the whole of the surplus moneys were ordered to be paid over to the defendant Duryee, and the same were still in his hands.
Good law ✅— No negative treatment on recordhow we know
Decided 1864-02-01
Cited by 13 later decisions — most recently March 1938
13 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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¶1I dissent. I think there is no precedent or principle for .such an action as this. If the plaintiff has any remedy, it appears to me that it must be by a motion or proceeding to vacate or modify the order under which the money was paid to the defendant Duryee.
¶2Judgment affirmed,- with costs, &c.
¶3Leonard, Clerke and Sutherland, Justices.]