Potter v. Wheeler
Massachusetts Supreme Judicial Court
To this action, which was a writ of dower, and in which the said Jane demanded her dower of one undivided moiety of the land described in her writ, the tenant pleaded in bar, that the demandant’s husband, Ephraim Potter, during his lifetime, namely, on the 3d day of December, 1806, being seized in fee simple of a certain farm, of which the premises formed a part, by his deed duly executed, delivered, and recorded, for a valuable consideration therein mentioned, granted and…
Read the full summary
To this action, which was a writ of dower, and in which the said Jane demanded her dower of one undivided moiety of the land described in her writ, the tenant pleaded in bar, that the demandant’s husband, Ephraim Potter, during his lifetime, namely, on the 3d day of December, 1806, being seized in fee simple of a certain farm, of which the premises formed a part, by his deed duly executed, delivered, and recorded, for a valuable consideration therein mentioned, granted and conveyed to one Jacob Potter, in fee simple, an undivided half of said farm ; and that the demandant, in and by the same…
1Opinion of the Court
By the Court.
The demandant claims her dower in an undivided moiety, having, in the lifetime of her husband, relinquished her claim in the other moiety. The tenant pleads a partition made between the husband and his co-tenant, and claims to hold in severalty free of the claim of the demandant. It is objected to this, that it places the wife’s interest too much within the power of the husband ; and a strong case has been put, of the husband taking his whole share in wood-land, by which the wife would be deprived of all n,-e of or benefit from her dower.
* It seems to be a sufficient answer to…
2Cited by15 opinions
- Cole v. ColeIllinois Supreme Court · 1920
- Roberts v. JonesMassachusetts Supreme Judicial Court · 1940
- Bumgardner v. EdwardsIndiana Supreme Court · 1882
- Crocker v. CottingMassachusetts Supreme Judicial Court · 1898
- O'Brien v. MahoneyMassachusetts Supreme Judicial Court · 1901
10 more not listed; retrieve them via the Exa API.