Herbert & Others v. WREN & OTHERS
Supreme Court of the United States
ERROR to the Circuit-Court.for the district of Columbia, sitting at Alexafidria, in a suit in Cliancéry brought by Richard Wren, and Susanna, his wife, who was the widow of Lewis Hipkins', deceased, and John and Westley Adams, her trustees, against W. Herberty T. Swann, R.,B. Lee, and W. B. Page, (trustees of Philip R. Fendall, deceased) and E. I. Lee, Jos. Deane and Ft Green.
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ERROR to the Circuit-Court.for the district of Columbia, sitting at Alexafidria, in a suit in Cliancéry brought by Richard Wren, and Susanna, his wife, who was the widow of Lewis Hipkins', deceased, and John and Westley Adams, her trustees, against W. Herberty T. Swann, R.,B. Lee, and W. B. Page, (trustees of Philip R. Fendall, deceased) and E. I. Lee, Jos. Deane and Ft Green. The case was stated by Marshall Ch. J. (in delivering the opinion of the Court) as follows: This suit was' brought by Richard Wren,, and Susanna, his wifey formerly the wife qf Lewis Hipkins, praying that dower may be…
1Opinion of the Court
Marshall., Ch. J.
after stating the case, delivered the opinion of the Court as follows:
Thd material questions in the cause are:
• 1. Has a Court of equity jurisdiction in the case ? •
2. Is the Plaintiff, Susanna, entitled to dower ?
3. If these points be in her favor what decree ought the Court to make?, According to the practice which prevails generally in England, Courts of equity and Courts of law exercise . a concurrent jurisdiction in assigning dower. Many reasons exist in England in favor of this jurisdiction: one of which is, that partitions are made and accounts are taken in chancery in…
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