Holladay v. Daily
Supreme Court of the United States
Error to the Supreme Court of the Territory of Colorado; the case being thus: The statute of the Territory just named regulating the subject of dower, enacts that “a widow shall be endowed of the third part of all the lands whereof her husbaud shall die seized of an estate of inheritance.” This statute being in force, and Ben Holladay being, as it seemed, owner in fee of a piece of land there, he and his wife executed a power of attorney to one Hughes to sell it.
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Error to the Supreme Court of the Territory of Colorado; the case being thus: The statute of the Territory just named regulating the subject of dower, enacts that “a widow shall be endowed of the third part of all the lands whereof her husbaud shall die seized of an estate of inheritance.” This statute being in force, and Ben Holladay being, as it seemed, owner in fee of a piece of land there, he and his wife executed a power of attorney to one Hughes to sell it. The power ran thus: “ Know all men, &c., that we, Ben Holladay and JV. A. Holladay, his wife, have constituted and appointed B. M.…
1Opinion of the CourtJustice Field
In February, 1866, Ben Holladay and his wife gave to one Hughes a power of attorney to sell and convey certain real property, situated in Denver City, in the Territory of Colorado, the title to which was stated in the power to be in Holladay. In September following Hughes sold and conveyed in the name of Holladay alone, and as his attorney, the premises in controversy. The question presented is whether the deed thus executed in the individual name of Holladay, and not in the joint names of himself and wife, was sufficient to pass his title.
In most of the States a married woman cannot, in the…
2Cited by24 opinions
- Williams v. PaineSupreme Court of the United States · 1898
- Knight v. LawrenceSupreme Court of Colorado · 1894
- McLaren Gold Mines Co. v. MortonMontana Supreme Court · 1950
- Clark v. MumfordTexas Supreme Court · 1884
- Henry v. LaneCourt of Appeals for the Fifth Circuit · 1904
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