Rhoades v. Davis
Michigan Supreme Court
Error to Kent. (Montgomery, J.) Ejectment. Defendant brings error. A wife’s agreement, on separating from her husband and on adequate -consideration, to give up her dower, is valid: Stephenson v. Osborne 41 Miss. 119; Miner's Appeal 54 Penn. St. 110; Dilunger's Appeal 35 Penn. St. 357; Thomas v. Brown 10 Ohio St. 247; Osgoodv.
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Error to Kent. (Montgomery, J.) Ejectment. Defendant brings error. A wife’s agreement, on separating from her husband and on adequate -consideration, to give up her dower, is valid: Stephenson v. Osborne 41 Miss. 119; Miner's Appeal 54 Penn. St. 110; Dilunger's Appeal 35 Penn. St. 357; Thomas v. Brown 10 Ohio St. 247; Osgoodv. Morris 21N. H. 435 ; Bullard v. Briggs 7 Pick. 533; Powell v. Powell 9 Humph. 477; Blake v. Blake 7 la. 46; Robertson v. Robertson 25 la. 350; MoKee v. Reynolds 26 la. 589. A wife’s release of dower by separate deed, executed long .after conveyance by her husband, does…
1Opinion of the Court
Gbaves, O. J.
Ejectment for dower. Bindings by the •court, and judgment for the plaintiff.
In 1865 the plaintiff intermarried with John Rhoades, :and they lived together from that date until the 12th of September, 1870, at which time they separated, and never afterwards cohabited. At this time the husband was owner in fee of the premises in the declaration, but owned no other. On the day of the separation the plaintiff gave the husband a quitclaim deed of the premises, and he paid her $250, and gave her a mortgage on the same premises for $650 more. The deed was placed on record a few days…
2Cases cited11 opinions
- Randall v. RandallMichigan Supreme Court · 1877
- Talbot v. SeemanSupreme Court of the United States · 1801
- Post Master General v. EarlySupreme Court of the United States · 1827
- Burdeno v. AmperseMichigan Supreme Court · 1866
- Farwell v. JohnstonMichigan Supreme Court · 1876
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Zaher v. MiotkeMichigan Court of Appeals · 2013
- Leach v. RainsIndiana Supreme Court · 1897
- Dakin v. DakinMichigan Supreme Court · 1893
- Bechtel v. BartonMichigan Supreme Court · 1907
- Penfold v. WarnerMichigan Supreme Court · 1893
11 more not listed; retrieve them via the Exa API.