Sellman v. Bowen
Court of Appeals of Maryland
Appeal from Chancery. The appellant in December, 1832, filed her bill in the court of Chancery, to recover from the appellee, the alienee of her husband, (who died in 1817,) a portion of the rents and profits of a lot in the City of Baltimore, of which she alleged her late husband had been seized during the cover-ture.
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Appeal from Chancery. The appellant in December, 1832, filed her bill in the court of Chancery, to recover from the appellee, the alienee of her husband, (who died in 1817,) a portion of the rents and profits of a lot in the City of Baltimore, of which she alleged her late husband had been seized during the cover-ture. The bill charged and it was in proof, that after the death of her husband, she had recovered her dower in the property in question by a proceeding in the Baltimore county court; but as her husband did not die seized, she alleged, ^ that no judgment could be had at law for the…
1Opinion of the CourtAecheii, Judge
The complainant having recovered her dower at law, seeks by this bill the rents and profits from the death of her husband.
T.he seizin of the husband is denied; and the defendant puts the complainant to the proof, not only of the seizin, but the marriage.
The complainant anterior to the filing of this bill to recover rents' and profits, had instituted suit in Baltimore county court, for her dower. In this suit the seizin of the husband was directly in issue, and the marriage by not being denied, was admitted.- , The verdict and judgment in that cause, being between the same parties, where the…
2Cases cited1 opinion
- Embree v. EllisNew York Supreme Court · 1807
3Cited by2 opinions
- Slatter v. MeekSupreme Court of Alabama · 1860
- Kiddall v. TrimbleHigh Court of Chancery of Maryland · 1847