Legal Opinion

Randall v. Kreiger

U.S. Circuit Court for the District of Minnesota

Decided June 15, 1873PublishedCited by 2 opinions

This is a bill in equity for dower. The complainant [Sarah Ann Randall] is the-widow of John Randall, of New 'fork, who died in 1869. She and her husband were married in 1848, and never resided in Minnesota.

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This is a bill in equity for dower. The complainant [Sarah Ann Randall] is the-widow of John Randall, of New 'fork, who died in 1869. She and her husband were married in 1848, and never resided in Minnesota. The husband became seized of the-land in which dower is claimed in 1849; and the same was conveyed by deed dated January 16, 1855, which deed, by virtue of a letter of attorney, was made to the grantor of the defendant [Louis Kreiger]. This letter of attorney is dated on the 11th day of' April, 1849, is signed by Jonn Randall and by the complainant, and was acknowledged in the city of New…

1Opinion of the Court

DILLON, Circuit Judge.

This is a bill in. equity by Mrs. Randall to recover dower. The seizen was after the marriage, and the alienation by the husband (for it is conceded that the deed made by the attorney in fact binds the husband) was in 1S55. His death occurred in 1869.

The defendant’s counsel resist the claim for dower upon several grounds:—

[On appeal to the supreme court, the decree of this court was affirmed. 23 Wall. (90 U. S.) 137.] NOTE. “The decided weight of authority is in favor of the doctrine that the right to dower may, at any time before the husband’s death, be enlarged,…

2Cases cited3 opinions

  1. Lucas v. SawyerSupreme Court of Iowa · 1864
  2. Frantz v. HarrowIndiana Supreme Court · 1859
  3. Galbreath v. GrayIndiana Supreme Court · 1863

3Cited by2 opinions

  1. Swartz v. AndrewsSupreme Court of Iowa · 1908
  2. Jourdan v. HaranThe Superior Court of the City of New York and Buffalo · 1888

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