Madigan v. Walsh
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ozaukee County. Action by Mary and Patrick Madigan to bave a deed of forty acres of land in said county executed by them to Walsh, adjudged fraudulent and void as against her. Plaintiffs.are husband and wife, and were such in.
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APPEAL from the Circuit Court for Ozaukee County. Action by Mary and Patrick Madigan to bave a deed of forty acres of land in said county executed by them to Walsh, adjudged fraudulent and void as against her. Plaintiffs.are husband and wife, and were such in. December, 1857, at which time said Patrick was seized in fee of the lands described in said deed; and the complaint alleges that Walsh, Patrick Madigan, and others, at his request, with intent to defraud said Mary, represented to her that the deed (which Patrick had executed) was a promissory note, and she, not being able to read…
1Opinion of the Court
Dixon, O. J.
I have had some difficulty in coming to a conclusion in this case, not however upon the- question whether an inchoate right of dower is such an interest in the land as will' enable a married woman to maintain an action like this, but upon the question whether Mrs. Madigan has a right of dower at all in the land described in the complaint. “Dower,” says Chancellor Kent, “is a title inchoate, and not consummate until the death of the husband ; but it is an interest which attaches oh the land as soon as there is a concurrence of marriage and seizin.” 4 Kent’s Com., 50. It has beén…
2Cases cited3 opinions
- Brandeis v. NeustadtlWisconsin Supreme Court · 1860
- Parks v. BrooksSupreme Court of Alabama · 1849
- Caldwell v. BowerSupreme Court of Missouri · 1853
3Cited by16 opinions
- Prestwood v. CarltonSupreme Court of Alabama · 1909
- Flynn v. FlynnMassachusetts Supreme Judicial Court · 1898
- Huntzicker v. CrockerWisconsin Supreme Court · 1908
- Koch v. WilliamsWisconsin Supreme Court · 1892
- Estate of Williams v. LittleSupreme Court of Kansas · 1944
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