Woods v. Wallace
Superior Court of New Hampshire
Bill in Equity. — The bill alleged that the plaintiff was the widow of Aaron Woods, late of Nashville ; that during the coverture said Aaron was seized of the premises in which the plaintiff claims dower in this bill.
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Bill in Equity. — The bill alleged that the plaintiff was the widow of Aaron Woods, late of Nashville ; that during the coverture said Aaron was seized of the premises in which the plaintiff claims dower in this bill. It is further alleged that on the 7th day of December, 1849, while so seized, the said Aaron conveyed the premises in mortgage to one Z. Shattuck, to secure the payment of the promissory note of said Aaron to said Shattuck, which mortgage iwas in no wise signed by the plaintiff, and, moreover, the note thus secured has never been paid. The bill further alleged a mortgage made by…
1Opinion of the CourtWoods, J.
Upon this state of facts alleged and admitted, the mortgage to Shattuck can furnish no answer to the claim of dower made by the plaintiff. It was simply a deed of mortgage, made by the husband alone, during the coverture, and could not affect the plaintiff’s rights. The hus*386band can no more incumber or defeat the right of dower of the wife by a mortgage, in this State, than he can convey it by an absolute deed. It is familiar law in this State that the husband’s conveyance will in no wise affect his wife’s right of dower. It can only be done by her own acÚ Indeed, we are not aware that it is…
2Cases cited4 opinions
- Rogers v. RogersNew York Court of Chancery · 1828
- Swaine v. PerineNew York Court of Chancery · 1821
- Cass v. MartinSuperior Court of New Hampshire · 1832
- Taylor v. BassettSuperior Court of New Hampshire · 1825
3Cited by2 opinions
- Sever v. YetterNew Jersey Court of Chancery · 1940
- Elmora and West End, C., Assn. v. DancyNew Jersey Court of Chancery · 1931