Merrill v. Russell
Massachusetts Supreme Judicial Court
The demand was for dower claimed by the demandant in a certain tract of land, described in the declaration, which set forth, in common form, the seisin of the husband during the coverture, and alleged that the said Hannah Russell had entered, into the premises, deforced the demandant of her reasonable and legal dower, and still held her out of the same ; and that on the 18th day of February, 1803, the dower was demanded in due form, &c.
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The demand was for dower claimed by the demandant in a certain tract of land, described in the declaration, which set forth, in common form, the seisin of the husband during the coverture, and alleged that the said Hannah Russell had entered, into the premises, deforced the demandant of her reasonable and legal dower, and still held her out of the same ; and that on the 18th day of February, 1803, the dower was demanded in due form, &c. Plea in bar, as to part, that at the time of making the demand, the defendant was not, never since hath been, and still is not the tenant in possession…
1Opinion of the CourtThacher, J.
It appears to me, that the law (a) contemplates two descriptions of persons against whom a writ of dower may be brought—First, persons in the actual possession of the estate, in which dower is demanded ; and Secondly, such persons as have or claim right or inheritance in the estate. The present action is brought against the defendant as tenant in possession, not stating that she has or claims the right or inheritance. The plea, which is confessed by the demurrer to be true, denies that the defendant is the tenant in possession : this sufficiently answers and rebuts the demand in the writ; and…
2Cited by2 opinions
- Finch v. GaligherIllinois Supreme Court · 1899
- Ellis v. EllisSupreme Court of Rhode Island · 1856