Legal Opinion

Derush v. Brown

Ohio Supreme Court

Decided December 15, 1838PublishedCited by 1 opinion

Petition for dower, reserved in the county of Montgomery. The complainants state in their petition, that the said SarahDerush, late Sarah Stearns, intermarried with one Orris Stearns; that during coverture the said Orris was seized in fee of certian town lots in the town of Miami'sburg, county of Montgomery, and of other tracts or parcels of land in said county, as specified in said petition; that the said Orris in his lifetime conveyed the said lands to the said Jenks Brown…

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Petition for dower, reserved in the county of Montgomery. The complainants state in their petition, that the said SarahDerush, late Sarah Stearns, intermarried with one Orris Stearns; that during coverture the said Orris was seized in fee of certian town lots in the town of Miami'sburg, county of Montgomery, and of other tracts or parcels of land in said county, as specified in said petition; that the said Orris in his lifetime conveyed the said lands to the said Jenks Brown and A. C. Brown; that the said Orris in his lifetime and during coverture had an equitable in terest in certain other…

1Opinion of the Court

^Hitchcock, J.,

delivered the opinion of the court:

So far as l-espects the claim of the complainant, Sarah, to be endowed of the equitable interest of her late husband in the lands specified in the petition, it is easily disposed of. Section 1 of the •act of January 28, 1823, relating to dower, provides that a widow ■■shall be endowed of one-third part of all the lands of which her *419husband was seized as an estate of inheritance .at anytime during the coverture; and one-third part of all the equitable interest in lands of which the husband was possessed ¡it the time of his death. There is no…

2Cited by1 opinion

  1. Tibbetts ex rel. Melton v. Langley Manufacturing Co.Supreme Court of South Carolina · 1879

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