Sheppard v. Wardell

This was an action of dower. It was tried at the Monmouth Nisi Prius, before Kistsey, C. J., and--, and, on the trial, the following points were ruled by the court:

1st. The plea of que unques seisie admits the fact of marriage, and the death of the husband; and, therefore, there is no necessity for the demandant to go into proof of either of those circumstances.

2d. To support the issue on this plea, on her part, she is not bound to prove a title in her husband, hut only a seizin of the estate during the coverture. Gilb. Ev. 87. See English v. Wright, ante 437.

[453] 3d. The wife is not barred…