Pollitt v. Kerr

Van Fleet, V. C.

This case presents but a single disputed question, and that is, can the personal representative of a widow, who dies before dower is assigned, and without having sued for her dower, maintain a suit in equity for mesne profits from the time the widow’s right to dower accrued up to the time of her death ? The facts out of which this question arises are the following: Farmer Hobson, in May, 1880, made a conveyance of land to Josephine Kerr without his wife; his wife refused to join in the execution of the deed; simultaneously with the execution of the deed, Hobson executed a…