Hastings v. Dickinson
Massachusetts Supreme Judicial Court
This was a writ of dower, and was submitted to the opinion ol the Court, upon a state of facts agreed and filed. From the statement it appears, that the demandant was once the wife of Thomas Hastings; that during the coverture, her said husband was lawfully seised in fee simple of the land, of which his widow demands her dower; that during the coverture, he mortgaged the lands in fee to Elizabeth Balch, then sole, but since married to William Dickinson, and with him the…
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This was a writ of dower, and was submitted to the opinion ol the Court, upon a state of facts agreed and filed. From the statement it appears, that the demandant was once the wife of Thomas Hastings; that during the coverture, her said husband was lawfully seised in fee simple of the land, of which his widow demands her dower; that during the coverture, he mortgaged the lands in fee to Elizabeth Balch, then sole, but since married to William Dickinson, and with him the tenants in this action; that on the death of the said Thomas Hastings, the said mortgage not having been discharged, the…
1Opinion of the Court
At the November term of the present year in Suffolk, the action being continued nisi from the present term for advisement, the opinion of the Court-was delivered by
Parsons, C. J.
If the marriage settlement in this case is a bar to the demandant’s action, this effect must be derived from the supposed jointure settled on the intended wife before marriage with her consent, within the provisions of the statute of 27 Hen. 8, c. 10, which have always been in force here; or from her covenant never to claim or demand dower operatirg as a release.
As to the first ground, it is web known that at common…
2Cited by20 opinions
- McNutt v. McNuttIndiana Supreme Court · 1888
- Continental Corp. v. GowdyMassachusetts Supreme Judicial Court · 1933
- Jenkins v. HoltMassachusetts Supreme Judicial Court · 1872
- Mann v. Mann's EstateSupreme Court of Vermont · 1880
- Bigelow v. HubbardMassachusetts Supreme Judicial Court · 1867
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