Otis v. Parshley
Superior Court of New Hampshire
Writ of dower, wherein the plaintiff, as the widow of Stephen Otis, claimed dower in fifty-five acres.of land, situate in Strafford, in the county of Strafford.
Read the full summary
Writ of dower, wherein the plaintiff, as the widow of Stephen Otis, claimed dower in fifty-five acres.of land, situate in Strafford, in the county of Strafford. The plaintiffs writ was dated December 29, 1837. On the trial, it appeared that the plaintiff was legally married to Stephen Otis prior to June, 1785, and lived with him as his wife until his death, in 1833 — that her husband, Otis, being in possession of the premises described in the plaintiffs writ, conveyed the same to one Joseph Peirce, by a mortgage deed, with covenants of warranty, dated May 13, 1809, to secure the payment of a…
1Opinion of the CourtUpham, J.
In this case the husband of the demandant was not seized of the immediate freehold in the estate of which dower is demanded. He held a mere reversion, expectant on the determination of a life estate, which was aliened by him during coverture ; and in such case it is well settled that the wife is not entitled to dower. 7 Mass. R. *407253. Eldredge vs. Forrestal: 14 Ditto 20, Williams vs. Amory; Stearns on Real Actions 285; 4 Kent's Com. 39.
But the principal question raised by the demandant’s counsel is, that the tenant having derived title by deed of warranty from the husband of the demandant,…
2Cases cited4 opinions
- Embree v. EllisNew York Supreme Court · 1807
- Small v. ProcterMassachusetts Supreme Judicial Court · 1819
- Eldredge v. ForrestalMassachusetts Supreme Judicial Court · 1811
- Jackson ex dem. Sitzer v. WaltermireNew York Supreme Court · 1826
3Cited by1 opinion
- Great Falls Co. v. WorsterSuperior Court of New Hampshire · 1844