Ayer v. Spring
Massachusetts Supreme Judicial Court
This was a writ of dower unde nihil habet, in which the demand-ant claims her dower in three fifth parts of a certain island called Jordan's Island, containing twelve acres; and she counts on the seisin of Elisha Ayer, her late husband, during the coverture, and on a demand of the tenant, and a refusal by him to assign her dower. The tenant pleaded, 1. That the demandant was never lawfully married to the said Elisha Ayer.
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This was a writ of dower unde nihil habet, in which the demand-ant claims her dower in three fifth parts of a certain island called Jordan's Island, containing twelve acres; and she counts on the seisin of Elisha Ayer, her late husband, during the coverture, and on a demand of the tenant, and a refusal by him to assign her dower. The tenant pleaded, 1. That the demandant was never lawfully married to the said Elisha Ayer. And, 2. That the said Elisha was never seised, during the coverture, of the demanded premises; and on both pleas issue was joined by the demandant. These issues were tried…
1Opinion of the Court
By the Court.
We are all of opinion that the demandant is entitled to her dower in the premises, only as they existed at the time when her husband was last seised, and that she is not dowable of the buildings erected, or other improvements made thereon, by the tenant, (a)
[See 10 Mass. Rep. 80, where this case, on a further hearing, is more fully reported. It is there said that the question as to the improvements was not open upon the pleadings, but that the demandant might have been restricted to the value as it was at the time of the extent. The case was probably compared with that of a claim…
2Cases cited2 opinions
- Larned v. BuffintonMassachusetts Supreme Judicial Court · 1807
- Ayer v. SpringMassachusetts Supreme Judicial Court · 1813
3Cited by10 opinions
- Powell v. Monson & Brimfield Manuf'g Co.U.S. Circuit Court for the District of Massachusetts · 1824
- Price v. HobbsCourt of Appeals of Maryland · 1877
- Ayer v. SpringMassachusetts Supreme Judicial Court · 1813
- Thompson v. MorrowSupreme Court of Pennsylvania · 1819
- Nance v. HooperSupreme Court of Alabama · 1847
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