Bowie v. Berry
High Court of Chancery of Maryland
[The bill in this case alleges, that the late Robert W. Bowie, the husband of the complainant, on the 1st of September, 1832, and during the coverture, purchased a tract of land called “Brookfield,” and took a bond of conveyance therefor, with condition to convey the legal title upon the payment of the purchase money; and that, subsequently, on the 25th of November, 1843, the legal title, in fee, was conveyed to. him, and the bond and deed are filed as exhibits with the…
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[The bill in this case alleges, that the late Robert W. Bowie, the husband of the complainant, on the 1st of September, 1832, and during the coverture, purchased a tract of land called “Brookfield,” and took a bond of conveyance therefor, with condition to convey the legal title upon the payment of the purchase money; and that, subsequently, on the 25th of November, 1843, the legal title, in fee, was conveyed to. him, and the bond and deed are filed as exhibits with the bill. It further alleges, that some time in the year 1839, the said Bowie, having previously sold and conveyed a small…
1Opinion of the Court
The Chancellor:
It does not appear when Mr. Bowie died, nor what is the age and condition of health of his widow ; and, therefore, an order fixing the proportion of the money to which she may be entitled in lieu of dower, could not be passed.
The bill prays either for an assignment of dower, or an equivalent therefor in money; but this equivalent it is proposed to regulate by the amount which Berry, the defendant, agreed *454to give for the land in 1839, which is stated to have been about thirty thousand dollars.
My opinion, however, is, that this is not the true standard. The land may have…
2Cases cited1 opinion
- Miller v. StumpCourt of Appeals of Maryland · 1845
3Cited by1 opinion
- Butler v. ButlerSupreme Court of Iowa · 1911