Sol #1229 — Jimeson v. Pierce: widow may enforce Peacemakers’ dower partition, possession not proved

Finding #1229 recovers Emeline Jimeson v. Ira Pierce and Others, 78 App. Div. 9–14 (Fourth Department, December 1902). Emeline’s complaint said the Seneca Peacemakers’ Court had assigned her a dower parcel from her late husband’s Cattaraugus Reservation farm, but relatives remained in possession.

The Appellate Division held a later statutory enforcement remedy allowed her state Supreme Court action to proceed. It affirmed an order overruling a demurrer, with leave for defendants to answer — not final ejectment, proved land title, or verified account of the alleged confrontation.

Chronology trap: the pleading dates a marshal attempt to execute “the judgment” June 5, 1895, more than a month before the report’s July 11, 1895 entry date for that judgment. Underlying docket needed to resolve it.

Separations: Ira Pierce ≠ James Pierce (#1228); hearing list “Jemison” ≠ printed Jimeson; demurrer-overrule ≠ final possession; Cattaraugus Peacemakers enforcement ≠ Allegany lease. Source: 1902-jimeson-pierce-seneca-widow-peacemakers-enforcement.

sol1229dowerpeacemakers