Powell v. Monson & Brimfield Manuf'g Co.
U.S. Circuit Court for the District of Massachusetts
[This was a bill in equity by Ellick Powell and Elizabeth, his W'ife, against the Monson & Brirufield Manufacturing Company.] The commissioners appointed to assign dower according to the interlocutory decree of the court [Case No. 11,350], having made a report of their doings, the cause came on again for argument upon the question of confirming that report.
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[This was a bill in equity by Ellick Powell and Elizabeth, his W'ife, against the Monson & Brirufield Manufacturing Company.] The commissioners appointed to assign dower according to the interlocutory decree of the court [Case No. 11,350], having made a report of their doings, the cause came on again for argument upon the question of confirming that report. Two exceptions were taken to it by the defendants; first, that the commissioners had decided, that the mortgage of Roswell Merrick (the husband of the dowress) to Rufus Flint, of the 21st of .October, 1808, in the pleadings mentioned, was…
1Opinion of the Court
STORY, Circuit Justice.
In October, 1808, Roswell Merrick mortgaged the estate in controversy to Rufus Flint. Subsequently, in 1812, he made such an alienation as completely to part with his estate in the equity, so far as dower is concerned. In the intermediate time he made great improvements on the estate, the dower in which is claimed, and forms the present subject of con-testation. He died in 1819; and afterwards, in April, 1820, Rufus Flint took possession of the mortgaged premises under process of law; and his interest therein by mesne conveyances has since come to the Brimfield…
2Cases cited8 opinions
- Goodwin v. RichardsonMassachusetts Supreme Judicial Court · 1814
- Holmes v. TremperNew York Supreme Court · 1822
- Willington v. GaleMassachusetts Supreme Judicial Court · 1810
- Gale v. WardMassachusetts Supreme Judicial Court · 1817
- President, Directors, & Co. v. EmersonMassachusetts Supreme Judicial Court · 1818
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Walker v. ShermanNew York Supreme Court · 1839
- Dudley & Carpenter v. Hurst, Miller & Co.Court of Appeals of Maryland · 1887
- Murdock v. . GiffordNew York Court of Appeals · 1858
- Merritt & Bourne v. Judd & ByrneCalifornia Supreme Court · 1859
- Van Valkenburgh v. FordCourt of Appeals of Texas · 1918
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