Legal Opinion

Stilphen v. Houdlette

Supreme Judicial Court of Maine

Decided July 1, 1872PublishedCited by 1 opinion

On exceptions. In a plea of dower, wherein the plaintiff demands against the defendant, her dower or just third part of and in a certain piece of land, with the buildings thereon, situated in Dresden, in said county of Lincoln, and bounded as described in a deed from Francis Stilphen to the defendant, dated the 4th day of October, a. d. 1864. Whereupon she complains and says that said Francis Stilphen, formerly her husband, was seized in fee of said premises, during his…

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On exceptions. In a plea of dower, wherein the plaintiff demands against the defendant, her dower or just third part of and in a certain piece of land, with the buildings thereon, situated in Dresden, in said county of Lincoln, and bounded as described in a deed from Francis Stilphen to the defendant, dated the 4th day of October, a. d. 1864. Whereupon she complains and says that said Francis Stilphen, formerly her husband, was seized in fee of said premises, during his coverture with the plaintiff; that she has been divorced from said Stilphen from the bonds of matrimony for his fault; and…

1Opinion of the CourtDanforth, J.

The plaintiff claims dower in the real estate* of' her late husband, Francis Stilphen.

To sustain her action she introduces the records of this court for Lincoln county, by which it appears that she was divorced from her husband, for his fault, in June 1871. Seisin during covertureis admitted.

To overcome this prima-faeie case, the defendant shows by the *452records of! the same court, that the plaintiff’s husband obtained a divorce from her at the May term, in Lincoln county, for the year 1865. It is, however, contended that the earlier decree is not admissible to impeach the later. The soundness…

2Cases cited1 opinion

  1. Davol v. HowlandMassachusetts Supreme Judicial Court · 1817

3Cited by1 opinion

  1. Lewis v. MeserveSupreme Judicial Court of Maine · 1873

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