Moore v. Rollins
Supreme Judicial Court of Maine
Dower is sued for by the demandant in a lime-rock quarry, of the whole of which she alleges her late husband, Abel Moore, was seized during her coverture with him. The action was tried at January term, 1857, Appleton, J., presiding. Yerdict for plaintiff for dower, in one undivided half-part of the premises. The case is presented on Exceptions taken by each party. The evidence was also reported on motion for new trial.
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Dower is sued for by the demandant in a lime-rock quarry, of the whole of which she alleges her late husband, Abel Moore, was seized during her coverture with him. The action was tried at January term, 1857, Appleton, J., presiding. Yerdict for plaintiff for dower, in one undivided half-part of the premises. The case is presented on Exceptions taken by each party. The evidence was also reported on motion for new trial. The facts necessary to an understanding of the case, and questions of law, which were argued, appear in the opinion of the Court.
1Opinion of the Court
The opinion of the Court was drawn up by
Appleton, J.
Each party alleges exceptions to the rulings of the presiding Judge at Nisi Prius.
The defendant is dissatisfied, because the jury were instructed that the widow was entitled to dower in a lime quarry, if the same had been opened and wrought during coverture.
The law is well settled, in England, that a widow is dow*494able of her husband’s mines which had been opened and wrought during coverture, and in which he had an estate of inheritance. Stoughton v. Leigh, 1 Taunton, 412. The Court of Massachusetts, in Billings v. Taylor, 10 Pick. 460, which…
2Cases cited2 opinions
- Coates v. CheeverNew York Supreme Court · 1823
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