Thompson v. Boyd
Supreme Court of New Jersey
The material facts presented on the trial of this cause are these —The demandant claimed dower in a farm of 225 acres situate in the county of Warren, and the defendant pleaded that her husband was never seized of the premises during the coverture.
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The material facts presented on the trial of this cause are these —The demandant claimed dower in a farm of 225 acres situate in the county of Warren, and the defendant pleaded that her husband was never seized of the premises during the coverture. James Thompson the father of the demandant’s husband was the owner of the lands, and on the 17th of February 1817 mortgaged them to one Thomas Shields to secure the payment of $3217. By his will dated in 1823, he devised all his real estate to his two sons, Robert, the husband of the demandant, and William, to be equally divided between them, or in…
1Opinion of the CourtNevius, J.
Upon the foregoing statement of facts, the question is distinctly presented whether the demandant can lawfully claim or recover dower in the lands so mortgaged. Upon the authority of the case of Montgomery v. Bruere, 1 South. 260; 2 do. 865, decided in the Court of Errors and Appeals, it is contended that she can. It is difficult to ascertain the ground upon which that case was decided, as no written opinions were at that time furnished by the Court; but it has always been understood that the opinion delivered by Justice Southard in that case when before the Supreme Court, prevailed upon the…
2Cases cited4 opinions
- Van Dyne v. ThayreNew York Supreme Court · 1838
- Coates v. CheeverNew York Supreme Court · 1823
- Jackson ex dem. Bruyn v. DewittNew York Supreme Court · 1826
- McMurtrie v. BennetteMichigan Court of Chancery · 1839