New York Supreme Court, 1884

Hinchliffe v. Shea

New York Supreme Court · Decided December 15, 1884 · Babnard, Dtkman, Pratt

41 N.Y. Sup. Ct. 365

Counsel

Francis T. Magill, for the appellant., James M. Baldwin, for the respondent.

Opinion of the Court

Pratt, J.:

It may fairly be argued, since the case of Payne v. Becker (87 N. Y., 153), that the wife’s mortgage conveyed her inchoate right of dower to the mortgagee. If that be so, now that the right has become vested, it may be applied to the payment of the mortgage debt.

We are not disposed to interfere with the judgment below, which must be affirmed, but as the question is new, without costs.

Dtkman, J., concurred; Babnard, P. J., not sitting.

Judgment affirmed, without costs.

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