Hastings v. Stevens
Superior Court of New Hampshire
Action of dower, to recover dower in certain lands in Colebrook, in this county, and to recover damages for the detention thereof by the tenant. The writ was dated the 9th day of October, A. D. 1851. The tenant pleaded that Jonas Mills, the late husband of the said.
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Action of dower, to recover dower in certain lands in Colebrook, in this county, and to recover damages for the detention thereof by the tenant. The writ was dated the 9th day of October, A. D. 1851. The tenant pleaded that Jonas Mills, the late husband of the said. Myra C., neither on the day on which the said Myra espoused him, nor before, nor ever afterwards, was seized of the tenements aforesaid, with the appurtenances, of such estate as that the said Myra could be thereof endowed. It was proved that on the 30th day of September, A. 3D., 1833, one William Cole, and Nancy, his wife,…
1Opinion of the CourtWoods, J.
Mills, at his decease, was seized of an equity of redemption in the land in question.
It must now be regarded, after the numerous decisions determining the point, both in this State and elsewhere, that a widow is dowable, in such an estate, against all persons except the mortgagee and such as may claim under him. Cass v. Martin, 6 N. H. Rep. 25; Rossiter v. Cossit, 15 N. H. Rep. 38, and cases cited; Barker v. Parker, 17 Mass. Rep. 504; Snow v. Stevens, 15 Mass. Rep. 278; Bolton v. Bullard, 13 Mass. Rep. 227. And it is equally well settled that, as against the mortgagee, she cannot be endowed,…
2Cases cited4 opinions
- Robinson v. LeavittSuperior Court of New Hampshire · 1834
- Cass v. MartinSuperior Court of New Hampshire · 1832
- Bullard v. BowersSuperior Court of New Hampshire · 1840
- Rossiter v. CossitSuperior Court of New Hampshire · 1844