Bigelow v. Hubbard
Massachusetts Supreme Judicial Court
Contract on the covenant against incumbrances in a warranty deed of real estate in Springfield from the defendant to the plaintiff. The alleged incumbrance was a right of dower in Rhoda C. Hubbard, wife of Asahel Hubbard.
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Contract on the covenant against incumbrances in a warranty deed of real estate in Springfield from the defendant to the plaintiff. The alleged incumbrance was a right of dower in Rhoda C. Hubbard, wife of Asahel Hubbard. At the trial in the superior court, before Putnam, J., the defendant’s deed of the premises to the plaintiff was put in evidence, dated March 31, 1864, and containing a covenant against all incumbrances, in the usual form; and it appeared that the defendant, being seised of the premises, on October 22, 1859, conveyed them by quitclaim deed to Asahel Hubbard, who, on April…
1Opinion of the CourtGkay, J.
The statute of uses, modifying the common law of England, allowed dower to be barred by a jointure, made before marriage, of a freehold estate, for the wife’s life at least, to take effect immediately upon the husband’s death; but provided that no jointure made during coverture, except by act of parliament, should prevent her from electing upon the death of her husband to claim her dower; and did not permit dower to be barred by a collateral satisfaction, consisting of money or other chattel interests. St. 27 Hen. VIII. c. 10, §§ 6, 9. Britton, (ed. 1865,) vol. L, pp. xli., xlii. & notes ;…
2Cases cited1 opinion
- Hastings v. DickinsonMassachusetts Supreme Judicial Court · 1810
3Cited by12 opinions
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- R. H. Gore v. General Properties CorporationSupreme Court of Florida · 1942
- McCord v. MasseyIllinois Supreme Court · 1895
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