Legal Opinion

Martin v. Dwelly

Court for the Trial of Impeachments and Correction of Errors

Decided December 15, 1830PublishedCited by 43 opinions

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

  1. Fowler v. ShearerMassachusetts Supreme Judicial Court · 1810
  2. Butler v. BuckinghamSupreme Court of Connecticut · 1813

3Cited by43 opinions

  1. Shroyer v. NickellSupreme Court of Missouri · 1874
  2. Scott v. . BattleSupreme Court of North Carolina · 1881
  3. Rannells v. GernerSupreme Court of Missouri · 1883
  4. Knight v. LawrenceSupreme Court of Colorado · 1894
  5. Chauvin v. Wagner & DorsettSupreme Court of Missouri · 1853

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