Rain v. Roper
Supreme Court of Florida
Appeal from the Circuit Court for Alachua county, Fifth Judicial District. The appellant was the widow of Cornelius Rain, and as such applied to the Circuit Court by bill in equity for an assignment of dower in certain lands described.
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Appeal from the Circuit Court for Alachua county, Fifth Judicial District. The appellant was the widow of Cornelius Rain, and as such applied to the Circuit Court by bill in equity for an assignment of dower in certain lands described. Appellee then commenced this suit by bill to restrain her from seeking dower in the lands, because he had bargained with said Cornelius Rain for his interest in the lands and held his bond for title thereto, to be consummated on payment to Rain of the sum ’of $2,200, on or before the first day of January, 1867. That the bond was executed and appellee went into…
1Opinion of the CourtRandall, C. J.
The appellant insists that the bill is insufficient to .maihtain the suit, that the decree was erroneous because C. Rain, deceased, “ died seized and possessed of the lands,” and because the bond for title was not introduced in evidence.
The act of November 7, 1828, (Thomp. Dig., 184,) provides that the widow shall be endowed of one-third part during her natural life, of all the lands, tenements, &c., “ of' which her husband died seized and possessed, or had before conveyed, whereof said widow had not relinquished her right of dower.”
“ As a general principle,” says Chancellor Kent, (4 Comm.,…
2Cases cited4 opinions
- Oldham v. SaleCourt of Appeals of Kentucky · 1840
- Robertson v. BakerSupreme Court of Florida · 1867
- Rawlings v. AdamsCourt of Appeals of Maryland · 1854
- Price v. HicksSupreme Court of Florida · 1874
3Cited by8 opinions
- Bancroft Investment Corp. v. City of JacksonvilleSupreme Court of Florida · 1946
- Atlantic Beach Improvement Corp. v. HallSupreme Court of Florida · 1940
- Dooley v. MerrillMassachusetts Supreme Judicial Court · 1914
- Hicks v. State Ex Rel. LandisSupreme Court of Florida · 1934
- Rufus C. Barkley, Jr., and Joseph G. Barkley, Individually, Etc. v. Emlyn Methvin Spence Barkley, Individually, Etc.Court of Appeals for the Fifth Circuit · 1963
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