Foster v. Dwinel
Supreme Judicial Court of Maine
On statement op the case bx the parties.- This was an action for dower m a parcel of real estate, jn Bangor, called the Coombs wharf. The plaintiff is the widow of Samuel J. Foster, and claims that her husband was seized, of one-third of one-fourth of the estate, and that she is entitled to dower therein. It is agreed that in 1835 Royal Clark conveyed the premises, in mortgage, to Ephraim Lincoln, Samuel J. Foster -and Benjamin Brown.
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On statement op the case bx the parties.- This was an action for dower m a parcel of real estate, jn Bangor, called the Coombs wharf. The plaintiff is the widow of Samuel J. Foster, and claims that her husband was seized, of one-third of one-fourth of the estate, and that she is entitled to dower therein. It is agreed that in 1835 Royal Clark conveyed the premises, in mortgage, to Ephraim Lincoln, Samuel J. Foster -and Benjamin Brown. The mortgagees commenced a foreclosure and took possession of the premises under a writ of habere facias, on the 24th day of February, 1838, and held and…
1Opinion of the Court
The opinion of the Court was drawn up by
Kent, J.
The issue joined in this case, is upon the seizin of the husband during coverture. The defendant denies that the husband was so seized of a dowable estate.
Two questions arise, — 1st, .is the defendant estopped ■from denying such seizin, and from establishing by proof, that the husband’s seizin was such that no right of dower ever existed? — 2d, if not, was the seizin of the husband, on the facts agreed, such as to give a right to dower in the premises ?
In relation to the first point, we find that the tenant has derived his title from the husband…
2Cases cited5 opinions
- Watkins v. Lessee of HolmanSupreme Court of the United States · 1842
- Willison v. WatkinsSupreme Court of the United States · 1830
- Hitchcock v. HarringtonNew York Supreme Court · 1810
- Bancroft v. WhiteNew York Supreme Court · 1803
- Gardiner v. CorsonMassachusetts Supreme Judicial Court · 1819
3Cited by2 opinions
- Heisen v. HeisenIllinois Supreme Court · 1893
- Tibbetts ex rel. Melton v. Langley Manufacturing Co.Supreme Court of South Carolina · 1879