Legal Opinion

Furber v. Chamberlain

Superior Court of New Hampshire

Decided December 15, 1854Published

In Equity. The bill sets forth that on the 4th day of December, 1819, Ephraim Chamberlain, who was the husband of Mercy Chamberlain, the defendant, was seized and possessed of a certain farm in Alton, and on that day sold and conveyed the same to one Sarah Coffin.

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In Equity. The bill sets forth that on the 4th day of December, 1819, Ephraim Chamberlain, who was the husband of Mercy Chamberlain, the defendant, was seized and possessed of a certain farm in Alton, and on that day sold and conveyed the same to one Sarah Coffin. That Sarah Coffin afterwards married one Daniel Burleigh, and that Burleigh, and his wife, Sarah, in her right, sold and conveyed the same premises, on the 8th day of March, 1837, by warrantee deed, to Richard Furber, the complainant. That subsequently to the last conveyance Ephraim Chamberlain died. That afterwards, on the 31st day…

1Opinion of the CourtEastman, J.

The judgment recovered against the complainant by the defendant in February, 1842, not having been reversed, settled the question of the defendant’s right to dower in the farm. It was no longer a contingent matter, dependent ■ upon .the life of any one; nor á doubtful matter, resting upon the uncertain issue of a contested suit at law. All that remained for the defendant to do, after the judgment, in order to enjoy her rights, was to have the dower assigned and set off to her by the. officer. Rev. Stat. ch. 205, §§ 5, 6. Her title to dower in the premises was settled.

Here, then, was a' right…

2Cases cited9 opinions

  1. Davy's Executors v. FawSupreme Court of the United States · 1812
  2. Brown v. HankersonNew York Supreme Court · 1824
  3. Carey v. WilcoxSuperior Court of New Hampshire · 1833
  4. Worthen v. StevensMassachusetts Supreme Judicial Court · 1808
  5. Adams v. AdamsSuperior Court of New Hampshire · 1835

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