Hall v. Savage
U.S. Circuit Court for the District of Massachusetts
Writ of dower. In this cause, the following facts were admitted by the parties. (1) That the plaintiff, Tryphena Hall, was the wife of Ezra Hall, and that the said Ezra Hall had deceased. (2) That Ezra Hall was lawfully seised during coverture, of the premises described in the demandant’s writ. (3) That the demand of dower had been legally made on the tenants.
Read the full summary
Writ of dower. In this cause, the following facts were admitted by the parties. (1) That the plaintiff, Tryphena Hall, was the wife of Ezra Hall, and that the said Ezra Hall had deceased. (2) That Ezra Hall was lawfully seised during coverture, of the premises described in the demandant’s writ. (3) That the demand of dower had been legally made on the tenants. (4) That Ezra Hall conveyed in his life time, by deed, a good title from himself of all his interest in the premises, to Gideon Wheeler, whose title had wholly passed to said John Savage and Ruth, the defendants, who were now entitled…
1Opinion of the Court
STORY, Circuit Justice.
Upon the facts stated in this case, it appears to me clear, that by the local law of Massachusetts the de-mandant is not barred of her dower. The instrument sealed by her was executed long after the principal deed purports to have been executed by her husband. If, in its terms, the instrument had purported expressly to release her right of dower, I do not think that it would have been, under such circumstances, a bar by our law. The principles applicable to this point were fully considered in Powell v. Payne [Case No. 11,358], in this court, and it is not necessary to…
2Cited by4 opinions
- King v. . RhewSupreme Court of North Carolina · 1891
- Smith v. HandyOhio Supreme Court · 1847
- Greenough v. TurnerMassachusetts Supreme Judicial Court · 1858
- Stevens v. OwenSupreme Judicial Court of Maine · 1845