Geer v. Hamblin
Superior Court of New Hampshire
Dower (writ dated Sept. 2, 18Q6) ; the count in the form prescribed by statute, ed. 1805, p. 153. The plaintiff was the wife of Shubael Geer, now deceased, late of Charlestown, and demands her reasonable dower of a messuage, &c., in Charlestown, bounded as follows, &c., which was in the seisin and possession of the husband, whereof he was seised in fee during the coverture. The defendant pleaded several pleas.
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Dower (writ dated Sept. 2, 18Q6) ; the count in the form prescribed by statute, ed. 1805, p. 153. The plaintiff was the wife of Shubael Geer, now deceased, late of Charlestown, and demands her reasonable dower of a messuage, &c., in Charlestown, bounded as follows, &c., which was in the seisin and possession of the husband, whereof he was seised in fee during the coverture. The defendant pleaded several pleas. The third plea in bar was: That, on May 1,1777, at Charles-town, one John Hubbard was married to Prudence Hubbard; afterwards, and before the said Shubael is supposed to have been…
1Opinion of the Court
The opinion of the Court was now delivered by
Smith, C. J.
The question is, whether the matter set forth in this plea in bar, viz. that another widow, the widow of one prior in seisin, has a claim of dower in the same land, is a bar to the plaintiff’s recovery.
To constitute a good bar, it must be shown that the plaintiff has no right. That two widows should be endowed out of the same messuage is no noveltjn (a) The case put by Perkins, § 315, and noticed by Lord Coke in his Commentary on Littleton, 31 a, shows that this may be the case in England. This plea is, therefore, bad, unless it can be…
2Cases cited3 opinions
- McLeery v. McLeerySupreme Judicial Court of Maine · 1876
- Reitzel v. . EckardSupreme Court of North Carolina · 1871
- Steele v. LaFrambois'Illinois Supreme Court · 1873