Wilkins v. French
Supreme Judicial Court of Maine
Tins was an action of ejectment, submitted to the Court on an agreed statement of facts, which are substantially set forth in the opinion of the Court. The wife in this case joining with her husband in the mortgage, and relinquishing her right to dower, the plaintiff purchasing the equity, holds the whole estate freed from the widow’s claim to dower. Popkin v. Bumslead, 8 Mass.
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Tins was an action of ejectment, submitted to the Court on an agreed statement of facts, which are substantially set forth in the opinion of the Court. The wife in this case joining with her husband in the mortgage, and relinquishing her right to dower, the plaintiff purchasing the equity, holds the whole estate freed from the widow’s claim to dower. Popkin v. Bumslead, 8 Mass. R. 491. She may bar herself of dower by her separate deed subsequent to, and in consideration of her husband’s sale. Fowler v. Shearer, 7 Mass. R. 14. Mrs. French can claim no title to the premises in dispute, under…
1Opinion of the Court
The opinion of the Court was by
Whitman C. J.
By the facts agreed upon, in this case it appears, that this is an action of ejectment, wherein the plaintiff demands seizin and possession of certain real estate, in the writ described. It appears that Zadoc French, the father of the said George, and the husband of said Beulah, the defendants, mortgaged the demanded premises to Ebenezer French, to secure to him the payment of $ 12000 ; and that the said Beulah, by her separate deed, indorsed on the back of said mortgage, duly relinquished to said Ebenezer her right of dower, in the same premises.…
2Cases cited4 opinions
- Dean v. WilliamsMassachusetts Supreme Judicial Court · 1821
- Popkin v. BumsteadMassachusetts Supreme Judicial Court · 1812
- Gray v. JenksU.S. Circuit Court for the District of Maine · 1825
- Bird v. GardnerMassachusetts Supreme Judicial Court · 1813
3Cited by8 opinions
- Pettengill v. TuroSupreme Judicial Court of Maine · 1963
- Portland Savings Bank v. LandrySupreme Judicial Court of Maine · 1977
- White v. RittenmyerSupreme Court of Iowa · 1870
- In Re RobertsUnited States Bankruptcy Court, D. Maine · 1983
- Fiedler v. CarpenterU.S. Circuit Court for the District of Massachusetts · 1846
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