Dickinson v. McLane
Supreme Court of New Hampshire
From Grafton Circuit Court. Bill in Equity, praying that a homestead may be set out to the plaintiff. March 13, 1862, John Dickinson, the plaintiff’s husband, mortgaged the premises to Z. K. Dickinson, releasing all his right to a homestead therein ; but the plaintiff did not sign the deed. This mortgage was foreclosed December 16, 1864, and the defendant holds the title.
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From Grafton Circuit Court. Bill in Equity, praying that a homestead may be set out to the plaintiff. March 13, 1862, John Dickinson, the plaintiff’s husband, mortgaged the premises to Z. K. Dickinson, releasing all his right to a homestead therein ; but the plaintiff did not sign the deed. This mortgage was foreclosed December 16, 1864, and the defendant holds the title. March 28,1863, the plaintiff, by her separate deed (her said husband not joining therein), quitclaimed to said Z. K. Dickinson “ all the right of homestead that she might or could be entitled to in any event, in any change…
1Opinion of the Court
FROM GRAFTON CIRCUIT COURT. At common law the deed of a feme covert, which is not also executed by her husband, passes no interest, and is in law a mere nullity. 2 Bl. Com. 293; 2 Kent's Com. 152; Ela v. Card, 2 N.H. 175; Crane v. Thurston,4 N.H. 418, p. 422. Such a deed is merely void, and requires neither plea, entry, or other act, on the part of the party executing it, or others whose rights might be concluded by its terms, to avoid it. Entry under it is a mere trespass against the rightful owners of the soil, including her, also, who assumes by the act in question to part with it.…
2Cases cited6 opinions
- Fowler v. ShearerMassachusetts Supreme Judicial Court · 1810
- Powell v. Monson & Brimfield Manuf'g Co.U.S. Circuit Court for the District of Massachusetts · 1824
- Ela v. CardSuperior Court of New Hampshire · 1820
- Gordon v. HaywoodSuperior Court of New Hampshire · 1821
- Crane v. ThurstonSuperior Court of New Hampshire · 1828
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hawkins v. CorbitSupreme Court of Oklahoma · 1921
- Wilson v. MillsSupreme Court of New Hampshire · 1890