Barber v. Root
Massachusetts Supreme Judicial Court
This was a writ of entry on the demandant’s own seism, and came before the Court upon an agreed statement of facts to the following effect: — The demandant was formerly the wife of Eli Bush; and after his decease, viz., on the 24th day of August, ] 804, certain lands, of which the said Eli died seised, and of which the demanded premises were parcel, were duly and legally assigned to her as her dower in the estate of her said late husband, and she accordingly entered, and…
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This was a writ of entry on the demandant’s own seism, and came before the Court upon an agreed statement of facts to the following effect: — The demandant was formerly the wife of Eli Bush; and after his decease, viz., on the 24th day of August, ] 804, certain lands, of which the said Eli died seised, and of which the demanded premises were parcel, were duly and legally assigned to her as her dower in the estate of her said late husband, and she accordingly entered, and became seised thereof as tenant in dower. In March, 1805, she intermarried with one Matthew Barber, within this…
1Opinion of the CourtSewall, J.
The demandant’s title is as tenant for life in the demanded premises, which were assigned to her as and for her dower of and in the lands and tenements of a former husband, Eli Bush, deceased. The tenant defends under the same title, and claims to hold the premises by the extent of an execution, upon a judgment recovered by him against Matthew Barber, the second husband of the demandant, with whom she intermarried after the assignment to her of her dower, and while she continued in the seisin and occupation of the demanded premises, as of her freehold and estate. The extent, produced by the…
2Cases cited7 opinions
- Borden v. FitchNew York Supreme Court · 1818
- Inhabitants of Hanover v. TurnerMassachusetts Supreme Judicial Court · 1817
- Starr v. PeaseSupreme Court of Connecticut · 1831
- Bradshaw v. HeathNew York Supreme Court · 1835
- Pawling v. WillsonNew York Supreme Court · 1816
2 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Hunt v. . HuntNew York Court of Appeals · 1878
- Ross v. RossMassachusetts Supreme Judicial Court · 1880
- Bernatavicius v. BernataviciusMassachusetts Supreme Judicial Court · 1927
- Wright v. Wright's LesseeCourt of Appeals of Maryland · 1852
- People v. DawellMichigan Supreme Court · 1872
44 more not listed; retrieve them via the Exa API.