Littlefield v. Crocker
Supreme Judicial Court of Maine
This is an action of dower. The plaintiff was legally married, more than twenty years ago, to Aurin Z. Littlefield, who died in 1846. Said Aurin on the 7th day of November, 1837, was seized of the land, and on that day conveyed the same in mortgage to the Merchant’s Bank, to secure the sum of $844,64, payable in eight months. The plaintiff did not release her right to dower in this mortgage deed.
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This is an action of dower. The plaintiff was legally married, more than twenty years ago, to Aurin Z. Littlefield, who died in 1846. Said Aurin on the 7th day of November, 1837, was seized of the land, and on that day conveyed the same in mortgage to the Merchant’s Bank, to secure the sum of $844,64, payable in eight months. The plaintiff did not release her right to dower in this mortgage deed. The said Aurin, Aug. 3, 1839, by deed of warranty, subject to the aforesaid mortgage, conveyed his remaining interest jn said estate to Jediah Morrill, in which deed the plaintiff joined, and duly…
1Opinion of the Court
Shepley, C. J. orally.
— The defendant’s title is only under the mortgage deed given to the bank, in which the demand-ant did not join.
Afterwards, her husband conveyed the equity to another person, and in this conveyance she released her right of dower. But to this conveyance the tenant is not a party or privy. Estoppels are mutual. In this case it would not be so. The defence fails. Judgment for demandant.
2Cited by6 opinions
- Nickell v. TomlinsonWest Virginia Supreme Court · 1886
- Hinchliffe v. . SheaNew York Court of Appeals · 1886
- McCrillis v. ThomasMissouri Court of Appeals · 1905
- Wilkinson v. PaddockNew York Supreme Court · 1890
- Boorum v. TuckerNew Jersey Court of Chancery · 1893
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