
    Matter of Esther Gardenier against Spikeman.
    ALBANY,
    August, 1813.
    ISo appeal lies fo this court from theorder for* 5fhe°^ap-pnintment of of dower, hr
    ioth section of the appeal" only*1 (ifief the hi— iíig the report of the admea-jurdvs.
    A PETITION had been presented by E. Gardenier, widow, „ , , «c. to the surrogate oi Columbia county, pursuant to the act, (sesSi 29. c. 168. s. 12.) stating the seisin of her husband, and praying the appointment of admeasurers of dower, See. A cita-> tion was issued by the surrogate, to o. the appellant, to show canSG, &c. He appeared, and denying, the seisin of the husband, Pitied to the jurisdiction of the surrogate, which plea was overruled, and admeasurers of dower appointed. From this order of the surrogate an appeal was made to this court.
    
      Van Buren, for the appellant.
    He cited 9 Johns, Rep. 245. E. Williams, contra.
   Per Curiam.

The appeal in this case must be quashed as premature. The 10th section of the act (sess. 29. c. 168.) gives the appeal to the party aggrieved, after filing the report of the admeasurers of dower; and then the question of seisin, or any other question which may arise, may be tried by a jury on a feigned issue, or in some other mode, which this court may pre-1 scribe,

Appeal quashed.

END OF AUGUST TERM  