Legal Opinion

Newhall v. Lynn Five Cents Savings Bank

Massachusetts Supreme Judicial Court

Decided March 15, 1869PublishedCited by 7 opinions

Bill in equity by John M. Newhall and Maria B. Newhall his wife, against the Lynn Five Cents Savings Bank, William F. Lawrence and Edward M. Farnsworth, praying that the bank might pay over to Mrs. Newhall part of a fund in its hands.

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Bill in equity by John M. Newhall and Maria B. Newhall his wife, against the Lynn Five Cents Savings Bank, William F. Lawrence and Edward M. Farnsworth, praying that the bank might pay over to Mrs. Newhall part of a fund in its hands. The case was heard on bill and answers, before Colt, and by him reserved for the determination of the full court, as follows: John B. Nichols, being seised in fee of an estate in Lynn, conveyed it to the Lynn Five Cents Savings Bank by a mortgage deed, containing a power of sale, “ which sale shall forever be a perpetual bar, both in law and equity, against the…

1Opinion of the CourtColt, J.

The wife’s inchoate right of dower in the-equity of

redemption in lands of which her husband becomes seised, subject to a mortgage valid against him, or in which she has released her right to dower, is recognized as a valuable interest in her. It is regarded as something more than a mere possibility, although it becomes consummate only when she survives her husband. Her husband cannot deprive her of it, but it is liable to be defeated by a foreclosure of the mortgage in his lifetime, or by her own voluntary act. Gen. Sts. c. 90, § 2; c. 107, § 38; and c. 140, § 44.

It has been held that this…

2Cases cited5 opinions

  1. Bell v. Mayor of New-YorkNew York Court of Chancery · 1843
  2. Vartie v. UnderwoodNew York Supreme Court · 1854
  3. Denton v. NannyNew York Supreme Court · 1850
  4. Titus v. NeilsonNew York Court of Chancery · 1821
  5. Frost v. PeacockNew York Court of Chancery · 1846

3Cited by7 opinions

  1. Wiggin v. HeywoodMassachusetts Supreme Judicial Court · 1875
  2. Forte v. CarusoMassachusetts Supreme Judicial Court · 1957
  3. Greiner v. KleinMichigan Supreme Court · 1873
  4. Opinion of the Justices to the SenateMassachusetts Supreme Judicial Court · 1958
  5. Dudley v. DudleyMassachusetts Supreme Judicial Court · 1938

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