Legal Opinion

May v. Rumney

Michigan Supreme Court

Decided January 15, 1847PublishedCited by 10 opinions

Case reserved from Wayne circuit court. Ejectment for dower. Rlea not guilty. On the trial the jury found a special verdict, stating' that James May and Margaret May, the plaintiff, were married on the 80th September, 1797 ; and that James May, on the 20th March, 1807, was seized in fee of the land in question, and that on the l7tb June of the following year he conveyed the premises to Daniel Me Niel, by a good and sufficient conveyance, in which the plaintiff did not join.

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Case reserved from Wayne circuit court. Ejectment for dower. Rlea not guilty. On the trial the jury found a special verdict, stating' that James May and Margaret May, the plaintiff, were married on the 80th September, 1797 ; and that James May, on the 20th March, 1807, was seized in fee of the land in question, and that on the l7tb June of the following year he conveyed the premises to Daniel Me Niel, by a good and sufficient conveyance, in which the plaintiff did not join. That James May died in January, 1829, leaving the plaintiff Lis widow surviving him, and tliat her dower in tlie…

1Opinion of the Court

By the Court,

Wing J.

The first question presented by the special verdict is, whether' tlie" plaintiff was, on the decease of her husband, entitled to dower in a lot of land of which her husband was seized during the coverture, but off which ho was not seized at the time of Ms death.

It is admitted by the parties that this question is to be determined-by the Ordinance of 1787, which contains the only express provision in relation to dower that has any bearing on this point.

The second section of the first article of the ordinance provides, “That the estates both of resident and non resident…

2Cases cited6 opinions

  1. Hitchcock v. HarringtonNew York Supreme Court · 1810
  2. Brandt ex dem. Walton v. OgdenNew York Supreme Court · 1806
  3. Sheafe v. O'NeilMassachusetts Supreme Judicial Court · 1812
  4. Jackson ex dem. Clark v. O'DonaghyNew York Supreme Court · 1810
  5. Hogle v. StewartNew York Supreme Court · 1811

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Hargreaves v. DeaconMichigan Supreme Court · 1872
  2. In re the Estate of GreenbergNew York Surrogate's Court · 1931
  3. King v. MerrittMichigan Supreme Court · 1887
  4. In Re SandersonMichigan Supreme Court · 1939
  5. Proctor v. BigelowMichigan Supreme Court · 1878

5 more not listed; retrieve them via the Exa API.

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