Martin v. Dwelly
Court for the Trial of Impeachments and Correction of Errors
Appeal from chancery. In February, 1837, the respondents commenced an action of ejectment foi the recovery of certain premises in the possession of the appe»Jant3 claimed by them as the heirs at law of their mother Míriairf.D The appellant filed a bill in chancery to obtain an injiüM.. .. staying the suit at law, and to compel a conveyance fro the respondents to him of the premises claimed.
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Appeal from chancery. In February, 1837, the respondents commenced an action of ejectment foi the recovery of certain premises in the possession of the appe»Jant3 claimed by them as the heirs at law of their mother Míriairf.D The appellant filed a bill in chancery to obtain an injiüM.. .. staying the suit at law, and to compel a conveyance fro the respondents to him of the premises claimed. The appellant alleged that Miriam■ Dwelly, the mother of the respondents, was Ms sister, and one of eight children, and heirs at law of Moses Martin, who died intestate in 1798, seized of various parcels…
1Opinion of the Court
The following opinions were delivered :
By Mr. Justice Sutherland.
The general question pre* sented by this case is, whether a deed of a feme covert, not executed and acknowledged according to the provisions of *12the statute, 1 R. L. 369, and therefore void and inoperative at jaW; jg to ’De considered and treated in a court of equity as a valid agreement to convey, the specific performance of which will ^ecreec^ as against the feme covert or her heirs.
By the common law a feme covert could not by uniting with her husband in any deed or conveyance, bar herself or her heirs of any estate of which…
2Cases cited2 opinions
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- Shroyer v. NickellSupreme Court of Missouri · 1874
- Scott v. . BattleSupreme Court of North Carolina · 1881
- Rannells v. GernerSupreme Court of Missouri · 1883
- Knight v. LawrenceSupreme Court of Colorado · 1894
- Chauvin v. Wagner & DorsettSupreme Court of Missouri · 1853
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