New York Court of Appeals

Mills v. . Van Voorhies.

December 5, 185920 N.Y. 412

Summary

The Court held that a wife of a mortgagor, and the wives of grantees of a purchase‑money mortgage, retain an inchoate dower right in the equity of redemption that is not cut off by a foreclosure unless they are made parties to the suit; consequently the defendant could not convey a perfect title and specific performance was unavailable, so the judgment was reversed and the case remanded for a new trial.