Pixley v. Bennett
Massachusetts Supreme Judicial Court
This was a writ of dower unde nihil habet, in which the said Nelly demands her reasonable dower in certain lands situate in the town of Lee, in this county, of which her late husband, Clark Pixley, was seised in fee during the coverture. * The tenant pleads in bar that the demandant, on [ * 299 j the Idth of October, 1809, by her deed of that date, scaled, &c., and in Court to be produced, for a valuable consideration, remised, released, and forever quitclaimed, to the said…
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This was a writ of dower unde nihil habet, in which the said Nelly demands her reasonable dower in certain lands situate in the town of Lee, in this county, of which her late husband, Clark Pixley, was seised in fee during the coverture. * The tenant pleads in bar that the demandant, on [ * 299 j the Idth of October, 1809, by her deed of that date, scaled, &c., and in Court to be produced, for a valuable consideration, remised, released, and forever quitclaimed, to the said Caleb all claim or demand on account of dower, or any claim to the premises described. The demandant craves oyer of the…
1Opinion of the Court
By the Court.(a) The deed relied on to bar the demandant shows no privity of estate, or connection of any kind between her and the tenant. It cannot avail the tenant in this action. (b)
Plea in bar adjudged bad.
Dewey, J., having been of counsel in this cause, did not sit in the hearing or adjudication thereof.
Park on Dower, 334. — Gooch vs. Atkins, 14 Mass. Rep. 378. — Gould vs. Newman, 6 Mass. Rep. 239. — Davis vs. Hayden & Al. 9 Mass. Rep. 514.— Gibson vs. Crehore, 5 Pick. 146.
2Cases cited3 opinions
- Davis v. HaydenMassachusetts Supreme Judicial Court · 1813
- Gould v. NewmanMassachusetts Supreme Judicial Court · 1810
- Gooch v. AtkinsMassachusetts Supreme Judicial Court · 1817
3Cited by18 opinions
- Malloney v. . HoranNew York Court of Appeals · 1872
- Woodworth v. PaigeOhio Supreme Court · 1855
- Cox v. WilderU.S. Circuit Court for the District of Eastern Missouri · 1872
- Nickell v. TomlinsonWest Virginia Supreme Court · 1886
- Dugan v. MasseyCourt of Appeals of Kentucky · 1869
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