Legal Opinion

Rundlett v. Ladd

Supreme Court of New Hampshire

Decided June 5, 1879Published

Writ oe Entry. The land was conveyed, Sept. 14, 1859, by the former owner, to the defendant, who is the wife of Daniel W. Ladd. She paid money for it when she received the deed. She received the money from her husband in the summer of 1859.. Between 1850 and 1858 her husband sold other land, called the Hanson farm, in different parcels, to different persons. When the deeds were made, she refused to sign them unless a part of the money received for the farm was paid to her.

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Writ oe Entry. The land was conveyed, Sept. 14, 1859, by the former owner, to the defendant, who is the wife of Daniel W. Ladd. She paid money for it when she received the deed. She received the money from her husband in the summer of 1859.. Between 1850 and 1858 her husband sold other land, called the Hanson farm, in different parcels, to different persons. When the deeds were made, she refused to sign them unless a part of the money received for the farm was paid to her. Her husband promised to pay»her a certain sum, and she signed the deeds. The money he paid her, in the summer of 1859,…

1Opinion of the CourtFoster, J.

The exception cannot be sustained. The dower right in the Hanson farm, which the defendant released, belonged, not to her husband, but to her. It could not be conveyed by him, nor taken by his creditors on execution. Drew v. Munsey, Smith (N. H.) 317, 320; Bassett v. Bassett, 10 N. H. 64; Hollowell v. Simonson, 21 Ind. 398. Its value could be ascertained. Jackson v. Edwards, 7 Paige 386, 408; Doty v. Baker, 11 Hun 222, 225; Bartlett v. Van Zandt, 4 Sandf. Ch. 396. It does not appear that, she received more than the value of it. Her husband’s creditors, being unable to take it for bis debts,…

2Cases cited9 opinions

  1. Jackson v. EdwardsNew York Court of Chancery · 1839
  2. Garlick v. StrongNew York Court of Chancery · 1831
  3. Quarles v. LacySupreme Court of Virginia · 1814
  4. Hollowell v. SimonsonIndiana Supreme Court · 1863
  5. Woodson v. PoolSupreme Court of Missouri · 1854

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