Johnson v. Shields
Supreme Judicial Court of Maine
Dower. The land was in possession of the tenants, under a conveyance from the demandant’s husband, and she had a right of dower. She deeded that right to one Coffin, but he had no possession of the land. After notice to the tenants of that deed, she conveyed her right of dower to them. This suit is brought for the benefit of Coffin. Upon these facts, the case was submitted for a legal decision.
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Dower. The land was in possession of the tenants, under a conveyance from the demandant’s husband, and she had a right of dower. She deeded that right to one Coffin, but he had no possession of the land. After notice to the tenants of that deed, she conveyed her right of dower to them. This suit is brought for the benefit of Coffin. Upon these facts, the case was submitted for a legal decision. Dower, before it is assigned, is a chose in action. 9 Mass. 13; 2 Cow. 638 ; 10 Wend. 528; 13 Pick. 35; Gilb. Ten. 26. As such chose in action, it is assignable; and if made bona fide and for a…
1Opinion of the Court
Shepley. C. J.
The demandant appears to have been entitled to dower in the premises. It does not appear, that her husband died seized of the estate, so that she was epti*426tied to a third part of the rents and profits of it, by virtue of the statute, chap. 95, sect. 6, before an assignment of dower.
The tenants present in defence a deed of release, duly executed by the demandant on June 15, 1850, by which she released to the tenants then in possession, all her right to dower in the premises.
It appears, that she had before, on May 13, 1850, by a deed of release duly executed, released her right to…
2Cases cited12 opinions
- Comegys v. VasseSupreme Court of the United States · 1828
- Mandeville v. WelchSupreme Court of the United States · 1820
- Jackson, ex dem. Clowes v. VanderheydenNew York Supreme Court · 1819
- Cox v. JaggerNew York Supreme Court · 1824
- Hildreth v. ThompsonMassachusetts Supreme Judicial Court · 1819
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3Cited by1 opinion
- Magruder v. MagruderCourt of Appeals for the D.C. Circuit · 1944