Woodworth v. Paige
Ohio Supreme Court
This is a petition for dower, reserved in Ashtabula county,, The material facts of the case are' as follows: Daniel Woodworth was the owner of the land in dispute. Having previously become bail to the United States, for Robert Harper, who had failed, he, in 1839, conveyed the land to Nathan Warner, without consideration, and for the purpose of preventing its being subjected to the payment of the claims of the United States against Harper, for which he was holden.
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This is a petition for dower, reserved in Ashtabula county,, The material facts of the case are' as follows: Daniel Woodworth was the owner of the land in dispute. Having previously become bail to the United States, for Robert Harper, who had failed, he, in 1839, conveyed the land to Nathan Warner, without consideration, and for the purpose of preventing its being subjected to the payment of the claims of the United States against Harper, for which he was holden. His wife, Roxana Woodworth, the complainant, with a full knowledge of its object, joined in the conveyance, releasing her dower in…
1Opinion of the CourtThurman, C. J.
There can be no reasonable doubt, upon the testimony, that the complainant was aware of the purpose for which the deed to Warner was executed. Is she, then, estopped by it to claim dower in the land ?
In Winship v. Lamberton, decided by this court in 1854, but by accident never reported, we gave dower to a widow, who, during her coverture, had joined with her husband in a conveyance of his lands, executed without consideration, to defraud his creditors.
But that case differed from this in two material points.
Pirst. The defendant’s title was derived from a sale on a judgment and execution…
2Cases cited2 opinions
- Russell's heirs v. Marks' heirsCourt of Appeals of Kentucky · 1860
- Pixley v. BennettMassachusetts Supreme Judicial Court · 1814
3Cited by20 opinions
- Huntzicker v. CrockerWisconsin Supreme Court · 1908
- Fluegel v. HenschelNorth Dakota Supreme Court · 1898
- Nickell v. TomlinsonWest Virginia Supreme Court · 1886
- Munger v. PerkinsWisconsin Supreme Court · 1885
- McFarland v. GoodmanU.S. Circuit Court for the District of Eastern Wisconsin · 1874
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