Popkin v. Bumstead
Massachusetts Supreme Judicial Court
This was a writ of dower, to which the tenant pleaded in bar, that Thomas Popkin, husband of the demandant, in his lifetime, viz., on the 30th of April, 1806, mortgaged the premises, in which the said Mary demands her dower, to one Thomas Capen, for the payment of 3000 dollars, and that the demandant, in and by the mortgage deed, for a valuable consideration, released to the said Capen all her right of dower in the mortgaged premises, and did thereby lawfully bar and exclude…
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This was a writ of dower, to which the tenant pleaded in bar, that Thomas Popkin, husband of the demandant, in his lifetime, viz., on the 30th of April, 1806, mortgaged the premises, in which the said Mary demands her dower, to one Thomas Capen, for the payment of 3000 dollars, and that the demandant, in and by the mortgage deed, for a valuable consideration, released to the said Capen all her right of dower in the mortgaged premises, and did thereby lawfully bar and exclude herself from all her right of dower therein forever; that Capen entered and became seised; that on the 9th of November,…
1Opinion of the Court
By the Court.
It has been contended for the demandant, upon the facts exhibited by the pleadings in this case, that her title to dower has revived, and is as if she had never released it in the deed of mortgage. It would be singular, if when the tenant had paid the money due on the mortgage, and supposed that he had thus perfected his estate, by extinguishing the only encumbrance he knew to exist upon it, he should by that act revive the claim of the demandant, which she had before solemnly renounced under her hand and seal, and which, as he was under no obligation, it cannot be presumed he…
2Cited by22 opinions
- Van Dyne v. ThayreNew York Supreme Court · 1838
- Hurley v. HurleyMassachusetts Supreme Judicial Court · 1889
- McMahon v. RussellSupreme Court of Florida · 1880
- Everson v. . McMullenNew York Court of Appeals · 1889
- Runyan v. StewartNew York Supreme Court · 1850
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