Legal Opinion

Barker v. Blake

Supreme Judicial Court of Maine

Decided July 1, 1853PublishedCited by 4 opinions

On Report from Nisi Prius, Appleton, J., presiding. Dower. In 1832, Richard Treat took a conveyance of lot No. 10, Summer street, Bangor. In April, 1832, he conveyed to Baldwin, who owned the adjoining lot, “ four feet off south side of No. 10.” A divisional fence was put upon the line, by which the four feet were fenced off to Baldwin, who has ever since occupied the same as a part of his enclosure.

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On Report from Nisi Prius, Appleton, J., presiding. Dower. In 1832, Richard Treat took a conveyance of lot No. 10, Summer street, Bangor. In April, 1832, he conveyed to Baldwin, who owned the adjoining lot, “ four feet off south side of No. 10.” A divisional fence was put upon the line, by which the four feet were fenced off to Baldwin, who has ever since occupied the same as a part of his enclosure. In Sept. 1832, Treat conveyed to Taylor the lot No. 10, “ excepting four feet off south side.” In 1836, the title of Taylor, through mesne conveyances, became the property of John Barker, jr.,…

1Opinion of the Court

Hathaway, J.—

The demandant, the widow of John Barker, jr., sues for dower in a lot of land, being part of lot number ten, Summer street, Bangor, and the buildings thereon. The demand before the commencement of the action was duly proved. The case finds that the plaintiif’s husband had title to the premises during her coverture, by deed from John Barker, dated March 11, 1836, which conveyed “lot number ten, Summer street, excepting four feet oif of the south side in which land the demandant claims dower in this suit.

The defendant resists, under claim of paramount title, by collector’s deeds,…

2Cited by4 opinions

  1. Mowry v. BlandinSupreme Court of New Hampshire · 1885
  2. Lyman v. People ex rel. McCreaAppellate Court of Illinois · 1878
  3. Biart v. WoodsWashington Supreme Court · 1936
  4. Shaw v. BoothHawaii Supreme Court · 1902

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