Burt v. C. W. Cook Sheep Co.
Montana Supreme Court
Appeal from Sixth Judicial District, Meagher County. The demurrer to the complaint was sustained by Henry, J. General Statutes of Limitation do not run against the widow’s1 right to dower, and her right to dower is not barred by limitation, unless it is expressly so stated in the statutes. (Buswell on Limitation of Actions, § 289; Park on Lower, 311-315; 4 Kent Com. [7th ed] p. 70; May v. Rumney, 1 Mich. 1; Barnard v. Edwards, 4 N. H, 107; 17 Am.
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Appeal from Sixth Judicial District, Meagher County. The demurrer to the complaint was sustained by Henry, J. General Statutes of Limitation do not run against the widow’s1 right to dower, and her right to dower is not barred by limitation, unless it is expressly so stated in the statutes. (Buswell on Limitation of Actions, § 289; Park on Lower, 311-315; 4 Kent Com. [7th ed] p. 70; May v. Rumney, 1 Mich. 1; Barnard v. Edwards, 4 N. H, 107; 17 Am. Dec. 403; Robie v. Flanders, 33 N. H. 524; Wakemon v. Roache, Dud. (Ga.) 123; Spencer v. Weston, 1 Dev. & B. 213; Angelí on Limitations [6th ed.],…
1Opinion of the CourtHarwood, J.
The sole question brought to this court for determination by this appeal is, what effect has the general Statute of Limitations of this State upon the right of a widow to maintain the action provided by the dower act for the assignment of dower?
It appears from the record in this case that plaintiff filed her complaint, setting forth, in effect, that plaintiff intermarried with Henry S. Crittenden, September 13, 1874, and lived with her said husband from that date continuously in Montana until his death, which occurred in the month of October, 1878; that during said coverture, her said husband…
2Cases cited5 opinions
- Robinson v. WareSupreme Court of Missouri · 1888
- Proctor v. BigelowMichigan Supreme Court · 1878
- May v. RumneyMichigan Supreme Court · 1847
- Jones v. PowellNew York Court of Chancery · 1822
- Littleton v. PattersonSupreme Court of Missouri · 1862
3Cited by4 opinions
- Grogan v. Valley Trading Co.Montana Supreme Court · 1904
- Peterson v. HopkinsMontana Supreme Court · 1984
- Lynde v. WakefieldMontana Supreme Court · 1896
- State Ex Rel. Lloyd v. District CourtMontana Supreme Court · 1937