O'Malley v. O'Malley
Montana Supreme Court
Appeal from District Court, Park County; Frank Henry, Judge. Action by Mary O’Malley against John O’Malley to recover her alleged dower interest in certain real estate. Judgment for defendant. From an order denying her motion for a new trial, she appeals. Our position is that the decree of divorce after seisin did not take away or destroy the dower right of plaintiff.
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Appeal from District Court, Park County; Frank Henry, Judge. Action by Mary O’Malley against John O’Malley to recover her alleged dower interest in certain real estate. Judgment for defendant. From an order denying her motion for a new trial, she appeals. Our position is that the decree of divorce after seisin did not take away or destroy the dower right of plaintiff. Under the common law it was the duty of the husband to support the wife during his lifetime; for her further support after his death there was her dower interest in his lands for the rest of her natural life. Under our statute…
1Opinion of the CourtJustice Sanner
In this action the appellant seeks to have herself declared the owner of a one-third part of certain real estate as dower.
The complaint is in two causes of action. In the first she pleads that she and one Michael O’Malley were married in April, 1903, and remained husband and wife until November 26, 1904, when they were divorced; that during the coverture Michael O’Malley was seised of certain lots in the city of Liv*555ingston, which he conveyed, on April 1, 1905, to the respondent, she not joining in the conveyance; and that Michael O’Malley died in January, 1911. In the second cause of action…
2Cases cited12 opinions
- Sharon v. Sharon, 11991 (Cal. 7-17-1889)California Supreme Court · 1889
- State v. PeelMontana Supreme Court · 1899
- Wood v. WoodSupreme Court of Arkansas · 1894
- Yardley's EstateSupreme Court of Pennsylvania · 1874
- Barrett v. FailingSupreme Court of the United States · 1884
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3Cited by13 opinions
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- Daniels v. MohonSupreme Court of Oklahoma · 1960
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