Barker v. Parker
Massachusetts Supreme Judicial Court
This was a writ of dower, and the question, whether the demand-ant was entitled to her dower in the lands and tenements described in the writ, was submitted to the determination of the Court, upon the following facts agreed by the parties.
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This was a writ of dower, and the question, whether the demand-ant was entitled to her dower in the lands and tenements described in the writ, was submitted to the determination of the Court, upon the following facts agreed by the parties. On the 19th of June, 1793, Moses Barker, then the husband of the demandant, was seised in fee of the estate, wherein she claims her dower; and on that day conveyed the same, in fee and in mortgage, to secure the payment of £450 to Elbridge Gerry. The demandant joined in this conveyance, and relinquished her right of dower. On the 26th of November, 1803, Mr.…
1Opinion of the CourtPutnam, J.
It has been contended for the tenants, that inasmuch as the demandant released her right with her husband to the mortgagee ; and as a creditor of her husband has taken and sold, upon an execution, his right to redeem, and held that estate for more than one year, that the title of the mortgagor has been completely divested, and his widow effectually precluded from her dower; and that the payment, which the tenant of the mortgagor made, even if it should be considered as made by the mortgagor himself, cannot procure any advantage to him ; as he had at that time no right to *457redeem, two years…
2Cited by24 opinions
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- Butler v. FitzgeraldNebraska Supreme Court · 1895
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