1 N.Y.S. 900 | N.Y. Sup. Ct. | 1888
The plaintiff joined with her husband in the execution of a mortgage, and upon its foreclosure she was not served with process. The judgment against her was not proper, and she had the right to vacate it. The old chancery rule that a husband could enter an appearance for his wife without service being made upon her seems to have been completely abolished. White v. Coulter, 59 N. Y. 629. If the wife was not personally served it follows that as to her the judgment is void. She still has an inchoate right of dower in the premises. Can she maintain a cause of action on this inchoate right to redeem the mortgaged premises during the life of her husband? If the mortgage be a purchase-money mortgage, the plaintiff was endowed in the equity of redemption. Mills v. Van Voorhies, 20 N. Y. 412. In the case of
Pratt, J., concurs.