Betts v. Wise
Ohio Supreme Court
This is a bill in chancery, from the county of Hamilton, for the foreclosure and sale of mortgaged premises. The mortgage was given to secure the payment of two notes, one of which has been paid. To the second note was attached a condition, that it is not to become due, unless Mrs. Dayton’s dower interest, in a certain square in Cincinnati, shall be released. The bill avers, that Mrs. Dayton had no dower in the premises, and, the condition being void, the note is due.
Read the full summary
This is a bill in chancery, from the county of Hamilton, for the foreclosure and sale of mortgaged premises. The mortgage was given to secure the payment of two notes, one of which has been paid. To the second note was attached a condition, that it is not to become due, unless Mrs. Dayton’s dower interest, in a certain square in Cincinnati, shall be released. The bill avers, that Mrs. Dayton had no dower in the premises, and, the condition being void, the note is due. The land was originally purchased from the government by Symmes; and by him, on March 2, 1798, conveyed to Dayton. On April…
1Opinion of the Court
Lane, O. J.
The statute of 1804 (Chase’s L. 395) expressly confers the estate of dower in all lands, and puts at rest all questions of this kind since its passage.
The only statute in force before, was one from Pennsylvania, adopted by the governor and judges, in 1795. Chase’s L. 187. It neither creates nor defines rights, but merely points out the mode in which dower may be assigned.
The ordinance for the government of the Northwest territory provides a rule of descents for the estates of decedents, in the course of which it employs the following language : “ Saving, in all cases, to the widow…
2Cited by22 opinions
- Cincinnati v. VesterSupreme Court of the United States · 1930
- City of Cincinnati v. Vester. Same v. Richards Same v. ReakirtSupreme Court of the United States · 1930
- Bank of Columbia v. PortlandOregon Supreme Court · 1902
- City of Toledo v. BrownOhio Supreme Court · 1936
- Allen v. JonesIndiana Supreme Court · 1874
17 more not listed; retrieve them via the Exa API.