McCauley v. Grimes
Court of Appeals of Maryland
Appeal from Washington County Court. This was an action of Dower, commenced on the 2d of November, 1825, by James Grimes, and Catharine his wife, (the appellees) against the appellants, John McCauley and others, for one-third part of a tract of land called rt Conococheague Manor,” and of a tract called <( Number Five,” one of the reserves of said manor, situate in Washington County, There was a judgment, by confession, for the demandants, subject to the opinion of the County…
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Appeal from Washington County Court. This was an action of Dower, commenced on the 2d of November, 1825, by James Grimes, and Catharine his wife, (the appellees) against the appellants, John McCauley and others, for one-third part of a tract of land called rt Conococheague Manor,” and of a tract called <( Number Five,” one of the reserves of said manor, situate in Washington County, There was a judgment, by confession, for the demandants, subject to the opinion of the County Court, on the following statement of íacts : “ It is admitted that Charles McCauley, deceased, purchased in his life…
1Opinion of the CourtAbciieb, J.
The record presents in effect the same principle for adjudication, which has heretofore come before the Courts in several States of the Union. In Holbrook vs. Finney, 4 Massa. Rep. 566, it was decided that a conveyance in fee, and a conveyance by the grantee to the grantor by way of mortgage being considered as parts of the same transaction, did not give to the grantee such a seisin as entitled his wife to have dower in the granted premises. And in Clarke vs. Munroe, 14 Mass. 352, where the mortgage was made to a third person, at the same time with the deed to the mortgagor, the same…
2Cases cited3 opinions
- Stow v. TifftNew York Supreme Court · 1818
- Holbrook v. FinneyMassachusetts Supreme Judicial Court · 1808
- Gale v. WardMassachusetts Supreme Judicial Court · 1817
3Cited by4 opinions
- Heuisler v. NickumCourt of Appeals of Maryland · 1873
- Rawlings v. LowndesCourt of Appeals of Maryland · 1871
- Devers v. DalonasCourt of Appeals for the Fourth Circuit · 1986
- Nos. 85-1715(l), 85-1716Court of Appeals for the Fourth Circuit · 1986