Wright v. DeGroff
Michigan Supreme Court
Error to Livingston Circuit. This was an action for dower, brought by defendant in error. It appeared in evidence that plaintiff, as administratrix of the estate of George B. DeGroff, — her late husband, — sold by order of the Judge of Probate certain real estate of which he died seized.
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Error to Livingston Circuit. This was an action for dower, brought by defendant in error. It appeared in evidence that plaintiff, as administratrix of the estate of George B. DeGroff, — her late husband, — sold by order of the Judge of Probate certain real estate of which he died seized. The deed of the administratrix contained the following clause: “ And I do hereby covenant with said .... that I will warrant and defend said premises, &e., unto the said, &c., and her heirs and assigns forever, against the lawful claims and demands of all persons claiming by, from or under me, but against no…
1Opinion of the Court
Cooley J.
The right of defendant in error to dower is undisputed unless she has become barred on the principle of estoppel.' The plaintiff in error claims that she has; first, by her acts en pais ; and, second, by her covenant. ^
To establish the estoppel en pais, evidence was offered in the Court below to show an agreement made orally by Mrs. DeGroff previous to the sale by her as administratrix, that in case Mrs. Glenn would bid at the sale the sum of sixteen hundred dollars, and become the purchaser at that price, she, Mrs. De Groff, would never assert her right to dower in the land; that…
2Cases cited1 opinion
- Olcott v. HansonMichigan Supreme Court · 1864
3Cited by14 opinions
- Hayes v. LivingstonMichigan Supreme Court · 1876
- Showers v. RobinsonMichigan Supreme Court · 1880
- Raub v. SmithMichigan Supreme Court · 1886
- Davis v. DavisSupreme Court of Kansas · 1926
- Reynolds v. Continental InsuranceMichigan Supreme Court · 1877
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