Bullard v. Bowers
Superior Court of New Hampshire
Dower, demanded by the plaintiff in a farm in Dublin ; of which her late husband, Timothy Bullard, was alleged to have died seized. The action was commenced March 11, 1839. The defendant pleaded, that said Timothy was not seized of such an estate that the plaintiff could be endowed thereof; on which issue was joined.
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Dower, demanded by the plaintiff in a farm in Dublin ; of which her late husband, Timothy Bullard, was alleged to have died seized. The action was commenced March 11, 1839. The defendant pleaded, that said Timothy was not seized of such an estate that the plaintiff could be endowed thereof; on which issue was joined. On the trial it appeared in evidence, that Simeon Bullard, the father of Timothy, being duly seized of the farm, conveyed the same in fee to his son Timothy, on the second of August, 1813 ; and that Timothy on the same day executed a mortgage of the farm to his father, Simeon…
1Opinion of the CourtUpham, J.
The first objection taken in this case is, that the grant and mortgage being at the same time, there was a mere instantaneous seizin in the husband, and the widow was not dowable. This is well settled, and is a good answer to the claim of the demandant, unless it appear that such measures have since been taken by the husband, or his representatives, as to extinguish the mortgage. The mortgage executed by the husband contained a great variety of conditions. If these conditions have been fulfilled there can be no doubt of the claim of the wife to dower ; and they may be fulfilled either by the…
2Cases cited3 opinions
- Coates v. CheeverNew York Supreme Court · 1823
- Cass v. MartinSuperior Court of New Hampshire · 1832
- Hartshorn v. HubbardSuperior Court of New Hampshire · 1822
3Cited by4 opinions
- Smith v. MooreSuperior Court of New Hampshire · 1840
- Rigney v. LovejoySuperior Court of New Hampshire · 1842
- Adams v. HillSuperior Court of New Hampshire · 1854
- Hastings v. StevensSuperior Court of New Hampshire · 1854