Clark v. Munroe
Massachusetts Supreme Judicial Court
This was a writ of dower, which was tried, at the last April term in this county, before Jackson, J. The facts in the case shortly were, that James Andrews and his wife, on the 7th of May, 1805, conveyed the premises, of which the demandant claims to be endowed, to William Clark, her late husband; and that the said William, by his deed, dated and executed at the same time, mortgaged the same premises to one James Winthrop in fee; both which deeds were acknowledged and…
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This was a writ of dower, which was tried, at the last April term in this county, before Jackson, J. The facts in the case shortly were, that James Andrews and his wife, on the 7th of May, 1805, conveyed the premises, of which the demandant claims to be endowed, to William Clark, her late husband; and that the said William, by his deed, dated and executed at the same time, mortgaged the same premises to one James Winthrop in fee; both which deeds were acknowledged and recorded at the same time; that the said James Winthrop was then the guardian of one Charles Winthrop, a minor, to whom he…
1Opinion of the Court
Per Curiam..
In the case of Holbrook vs. Finney, (1) it was decided that a conveyance in fee, and a reconveyance by the grantee to the grantor in mortgage, being considered as parts of the same transaction, did not give to the grantee such a seisin as entitled his wife to have dower in the granted premises. In the case at bar, the mortgage was to a third party; but still the whole constituted but one transaction. We are not able to view the case in any light different from what it would have presented had the mortgage of Clark been made to Andrews and his wife instead of Winthrop. (a)
Judgment…
2Cases cited1 opinion
- Holbrook v. FinneyMassachusetts Supreme Judicial Court · 1808
3Cited by47 opinions
- Woodward v. SartwellMassachusetts Supreme Judicial Court · 1880
- Carey v. BoyleWisconsin Supreme Court · 1881
- Heuisler v. NickumCourt of Appeals of Maryland · 1873
- Forte v. CarusoMassachusetts Supreme Judicial Court · 1957
- Moring v. . DickersonSupreme Court of North Carolina · 1881
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