Cobb v. Dyer
Supreme Judicial Court of Maine
Bill in equity, heard on bill, answer and proof, whereby the complainant seeks to establish, as an existing charge upon the land mortgaged, two mortgages given by the defendant Wallace, to the city of .Portland and the other to the complainant.
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Bill in equity, heard on bill, answer and proof, whereby the complainant seeks to establish, as an existing charge upon the land mortgaged, two mortgages given by the defendant Wallace, to the city of .Portland and the other to the complainant. When Mr. Dyer was about to convey the land in controversy to Wallace, Mrs. Dyer declined to execute the deed, and thereby relinquish her right of dower therein, unless Wallace would agree to'reconvey the premises to her after he had raised money on the premises by mortgaging the same to the city of Portland. Wallace finally consented, and thereupon…
1Opinion of the CourtVirgin, J.
On September 28, 1867, one J. W. Dyer, husband of the female defendant, agreed in writing with the defendant Wallace — who had been brought up in the Dyer family — to convey to him a certain vacant lot of land described therein, “ as soon as said Wallace shall erect thereon a tenement for his own use.” Thereupon Wallace took possession of the lot, and having-some $600 in money belonging to himself and wife, commenced the building of a “ story and a half frame house ” upon it. Having finished the house as originally intended — with a few rooms left unfinished — Dyer, pursuant to his agreement,…
2Cases cited2 opinions
- Bruse v. NelsonSupreme Court of Iowa · 1872
- Muir v. BerkshireIndiana Supreme Court · 1875
3Cited by27 opinions
- Emmert v. ThompsonSupreme Court of Minnesota · 1892
- Geib v. ReynoldsSupreme Court of Minnesota · 1886
- Pearce v. BuellOregon Supreme Court · 1892
- Kent v. BaileySupreme Court of Iowa · 1917
- Gerdine v. MenageSupreme Court of Minnesota · 1889
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