Legal Opinion

Holbrook v. Finney

Massachusetts Supreme Judicial Court

Decided October 15, 1808PublishedCited by 60 opinions

This was an action for dower in several parcels of land, which Hannah Holbrook demands on the seisin of her deceased husband, Ezra Finney, during the coverture.

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This was an action for dower in several parcels of land, which Hannah Holbrook demands on the seisin of her deceased husband, Ezra Finney, during the coverture. The cause came before the Court on a case stated by the parties, m which it is agreed that John Finney, the father of Ezra and of three other sons, was seised of the premises in fee, and on the 13th of March, 1786, by his deed of that date, in consideration of 400Z., conveyed the premises, with other parcels of land, to his said four sons in equal proportion, in fee simple, the demandant then being the wife of Ezra; that immediately,…

1Opinion of the CourtParsons, C. J.

[After reciting the substance of the case as agreed by the parties.] The question before the Court, upon these, facts, is, whether Ezra Finney, the husband, was, during the coverture, so seised of the premises that the demandant has a right to her dower. He was not so seised, unless from the operation of the deed from his father to himself and his three brothers.

The tenant has made two objections. 1. That this conveyance was of an estate to joint-tenants, of which the demandant’s husband was not the survivor. 2. That her husband had that instantaneous seisin only, which will not entitle her…

2Cited by60 opinions

  1. Hanscom v. Malden & Melrose Gas Light Co.Massachusetts Supreme Judicial Court · 1914
  2. Noel v. EwingIndiana Supreme Court · 1857
  3. Eslava v. LepretreSupreme Court of Alabama · 1852
  4. Woodward v. SartwellMassachusetts Supreme Judicial Court · 1880
  5. Clark v. MunroeMassachusetts Supreme Judicial Court · 1817

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