Pickett v. Buckner, Newman & Co.
Mississippi Supreme Court
Appeal from the chancery court of Yazoo county. Shackleford, J. A bill was filed in this case to foreclose a mortgage executed by B. K. Pickett in his life-time; His widow filed a plea in bar stating that her late husband, B. K. Pickett, had died “seized and possessed” of the land embraced in the mortgage. This plea was overruled and this appeal has been prosecuted to reverse the decision of the court below.
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Appeal from the chancery court of Yazoo county. Shackleford, J. A bill was filed in this case to foreclose a mortgage executed by B. K. Pickett in his life-time; His widow filed a plea in bar stating that her late husband, B. K. Pickett, had died “seized and possessed” of the land embraced in the mortgage. This plea was overruled and this appeal has been prosecuted to reverse the decision of the court below. The conditions to entitle a widow to dower, by the common law, were marriage, seizin of the husband at any time during coverture, and death of husband. 2 Black. Com. 129. This was the law…
1Opinion of the Court
Simrall, J.:
The important question is presented, for the first time in this court, whether a mortgage in fee, made by the husband during coverture, bars his widow of dower.
Dower, at common law, is a right institutional in character, arising in law, and not out of the pact or consent of the parties. Marriage and seizin are the facts from which it springs, and at once fastens upon the land by a right paramount to that of any person claiming upon the husband by a subsequent act. 2 Coke Litt. 32. It results, therefore, *240that neither the alienation of the husband, nor any act suffered or done by…
2Cases cited6 opinions
- United States v. FisherSupreme Court of the United States · 1805
- Parsons v. WellesMassachusetts Supreme Judicial Court · 1821
- Scott v. HowardNew York Supreme Court · 1848
- Heard v. BairdMississippi Supreme Court · 1866
- Hill v. RobertsonCourt of Appeals of Mississippi · 1852
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Vann v. Edwards.Supreme Court of North Carolina · 1904
- Klein v. McNamaraMississippi Supreme Court · 1876
- Tucker v. FieldMississippi Supreme Court · 1875
- Smith v. CunninghamMississippi Supreme Court · 1901
- Vann v. Edwards.Supreme Court of North Carolina · 1904