Allen v. McCoy
Ohio Supreme Court
This was a petition in chancery for dower, which was heard upon the following state of facts : In the year 1803, the defendant intermarried with Geo. W. Allen, who was then seized in fee of seven half sections of land* each containing 320 acres, all situate in the refugee military lands, and lying in the counties of Franklin,'Fairfield, and Licking, in the State of Ohio, as those counties were bounded when the petition was filed. In the year 1805, Geo.
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This was a petition in chancery for dower, which was heard upon the following state of facts : In the year 1803, the defendant intermarried with Geo. W. Allen, who was then seized in fee of seven half sections of land* each containing 320 acres, all situate in the refugee military lands, and lying in the counties of Franklin,'Fairfield, and Licking, in the State of Ohio, as those counties were bounded when the petition was filed. In the year 1805, Geo. W. Allen mortgaged these lands, but his wife did not join in the mortgage. Allen died in 1806. In the year 1809, the lands were sold by the…
1Dissent
Dissenting opinion, by
Judge Hitchcock:
The decree which was sought to be reviewed in this case was rendered by this court at its December term, 1836. Differing from a majority of the court rendering that decree, and differing from that same majority in the decision of this case, which goes to affirm it, it seems to be proper, considering the importance of the principle decided, that I should state the reasons which have led me to a different conclusion from that arrived at by my brethren.
The original case was an application by Mary C. Allen, as the widow of George W. Allen, for dower in a…
2Cases cited11 opinions
- Powell v. Monson & Brimfield Manuf'g Co.U.S. Circuit Court for the District of Massachusetts · 1824
- Catlin v. WareMassachusetts Supreme Judicial Court · 1812
- Conner v. ShepherdMassachusetts Supreme Judicial Court · 1818
- Ayer v. SpringMassachusetts Supreme Judicial Court · 1812
- Dorchester v. CoventryNew York Supreme Court · 1814
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