New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-10-04

Mara s. Bosardas iie eer t. r A. PAher snl o,Ier..
The plaintih claims dover in certain land, hs widoH
Of Gen. Bogadus aud th't her dover Do awarded sqd
set N 10 her, and for other relief She d)ss rot lege that
envy OF the defendants Ia possession and 81 she could not
csmages AGAINST them The tf.nd40s IN their
LweT, sege th.t Gle a. been In the p'ssaiou OF all the
and profits Of the lands since hsg husbands death and
that the amount thss received BY her exess he value OF
the dover claimed by and psys that sccount Of the
value Of zach be aud the set of .g,n.t he
oil er and that size be adctged 10 pv 10 thu d@'-ndants
the heirs Of Gen b. any OF re- 10 received by her
beyond the vsus Of her dOTer 20 hi. answer th'rs Is
d'muITsr
y broad. II must be oyeuuel with cos,s 20 abide th,
event
s,sd support Of the tst the sL: Of tho
willow lower BE- fore 4cu saurem@nt IL mere Oh - in
action that Ssucl n i'no; asssnsble at Jaws AID TO
this it IL Inferred that 1t Is subject - al equitable deere -
set-o The Of chns. 10 stiJn taxes IT, sab
,otto AL equitable de'eDs existing In favor others be-
tie asgnment aud besdse such kie- has no
ect to such defenses The rgtt # the wife 10 dovsr
che in action because u cannot b. enrced except BY &C.
ton but 10 not personal chose VI night but gnt 10
Tes estate and enforced ny one OF ire old r4e acon
oTwbep damages he recovered by the old mixed
action in which the ght 20 real estate 81 uegei sad
dsuaEs also given Tor ITS detention. the wifs was not
obliged 90 into equity to OBTAIN this light bat o. dover
avoTife 10 the law tbs Court OF Chsncery chose
also 10y whst is generally e'emed usuFpson Of power
noV well established 20 b dspupe5D % favor the dow
~ giving her relief in that Ccut also A1ouzh she
ssssn her light suit be brought or II eX
cesor who owning he'd another adversely 70
him Her claim 10 the land s no more ct 20 seton
moneys
the heir in such After the dowr sh,l be afmss
,red and the heirs shall have recovered ud gment Tor
the * q reuts received by her that udgneut Will 0s
lien on her estate and may Ne satisfied out Of u.
IL Is said that this defense be set up as CONNER
claim under the amended code. 7 bo counter sim allowed
b, the must arise out oths Transaction s rtn ia tns
plant the foundation q ths plaintiffs claim or %
corrected vita the subec. OF the scon N tbs os'nn
csed demsges the defendants counter claim wou come
wit bin this The transaction set forh ia toe ccm
the marriage sezn and death OF the hnsos1d Tie az
fndsnts calm ssanss the psiot does D2. arise out o.
with thSn. Dut
OF subsequent matters nsmeiy that after tne Gear INC
tu,bsnd Sic uuswfully rec.vsd rent, which be1r %
them therefore shs should psv TO hem 'n'
rent. thus CD vfoly collected By her I.,h.
The demurrer 10 SLOWED aud Judgment Is % % of .n7
m,sures 10 Der without dsmsgss for the detsIiioo Of u
Ard without prrjuoice her rght 10 SCI 40 ne 70
third Of the tents In any suit i1ss nay We Dfoasu'
her fer dsmages
NJ; Ro,,,.v, the yoenfsrss, "A Parker al, oh.r,
lNP.RrrTiox The comp ANT IS fled b. one Of tue dsnsn
ter Of Gen Bofardps AGAINST BIS otasr children aoo oss
.sx and srap. srd Is Ot tie puroose o. oOt
ip partition .as Of the lads OF whi:l 10 also ien>d
IRE complaint alleges thar Gen B. asa sasa o.
law ans his willow that each helr or hts rspreseut7e,
% ,n ed eighth Of thu lanes and that the widow q
entitled dover 10 them Thcs Tar the DEFENDANTS not
object tu. the plsnt ato states that the widow was
exc cuX Of will Of tbs deceased cot sisc thess land
arc she has paid scco1at Of nose lands over sed
above what she received from them, large OF money
m mo-tzsges Insurance. repss ass>ss-
ard o.bsr charges AID expenses necessary for tue
lands and Of principal due on morisazes
that this dops becsu, Of the hss hsd the ability
the payments and don. OF necessity for the
benefit ofihe estate and claims thst sueh psym,nt
specific lieu on the lands and alleges that the persoos sta,
OF the deeeed WAS inadequate 10 pay bs debts AID TIA
there large amount Of debts still outstsndns which
dusby the deceased and claims that each sh.re
se for the payment ofiu properona pt OF such dsofi
whether paid By the widow cut Of her an funds or eman
ipf unpaid.
The sefenesns denur ca tbs ground, st that seve.'
csuss Of action improperly united namely ens Tor IN
paror OF snd and the other Tor the sstte ment OF u
sreouut, OF hs wtaov and executrx "a that On acso
for the settlement CT those accounts II brought BY on
he should hase al the heirs copsintta OF susse tn
men. 10 hs ersdiiass II hs estate bat eess not make n