Kidder v. Blaisdell
Supreme Judicial Court of Maine
This is an action of Dower. The writ, (which is dated Sept. 1, 1856,) contains two counts; in the first count, the demandant claims that she is dowable of a tract particularly described, and in the second, she claims as dower, one-third part of one-seventh of a tract described, containing about 140 acres. The land described in the last count includes that embraced in the first.
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This is an action of Dower. The writ, (which is dated Sept. 1, 1856,) contains two counts; in the first count, the demandant claims that she is dowable of a tract particularly described, and in the second, she claims as dower, one-third part of one-seventh of a tract described, containing about 140 acres. The land described in the last count includes that embraced in the first. The defendant pleaded in bar, (1,) that plaintiff was never married to John Kidder, (her alleged husband,) and concludes with a verification. To this, plaintiff replies, alleging marriage, and tenders an issue to the…
1Opinion of the Court
The opinion of the Court was drawn up by
Rice, J.
Real actions are those which concern the realty only, by which the demandant claims title to have any lands or tenements, rents or other heraditaments, in fee simple, fee tail, or for term of life. 3 Black. Com. 117. Dower is an estate for life created by law. 4 Kent’s Com. 35. Dower unde nihil habet, is a writ of right in its nature. Com. Dig. title Dower, G-. 2. An action for the recovery of dower is necessarily an action touching the realty.
To the consummation of the title to dower, three things are requisite, viz.: marriage, seizin of the…
2Cases cited1 opinion
- Adams v. FrothinghamMassachusetts Supreme Judicial Court · 1807
3Cited by1 opinion
- Young v. Kent Circuit JudgeMichigan Supreme Court · 1898