Barbour v. Barbour
Supreme Judicial Court of Maine
Exceptions from the ruling of Rice, J. This was an action of dower, and was submitted to the Court, each party reserving the right to except to any ruling upon matters of law. The premises, in which dower was claimed, were formerly owned in fee by William Barbour, and were mortgaged by him to Timothy Little, October 28, 1824. May 7, 1826, William Barbour married the demandant. Dec. 1, 1829, he conveyed the premises, subject to the mortgage, to Robert Barbour.
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Exceptions from the ruling of Rice, J. This was an action of dower, and was submitted to the Court, each party reserving the right to except to any ruling upon matters of law. The premises, in which dower was claimed, were formerly owned in fee by William Barbour, and were mortgaged by him to Timothy Little, October 28, 1824. May 7, 1826, William Barbour married the demandant. Dec. 1, 1829, he conveyed the premises, subject to the mortgage, to Robert Barbour. In this deed the demandant did not release her right of dower. The mortgage was paid by Robert Barbour, and was discharged by Little,…
1Opinion of the Court
The opinion of the Court was delivered by
Cutting, J.
Previous to the coverture, the premises, in which dower is demanded, were conveyed to Timothy Little, in mortgage, to secure the sum of sis hundred dollars. Subsequent to the marriage, and on Dec. 31, 1829, the. husband quitclaimed, with covenant of warranty against the claims of alb persons by, through or under him, the same premises to Robert Barbour, under whom the tenant claims, subject however to the mortgage, which was discharged, on payment of the sum secured, by Robert Barbour.
In Wedge v. Moore, 6 Cush. 8, under a very similar…
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