Legal Opinion

Jaquess v. Board of Commissioners

Ohio Superior Court, Cincinnati

Decided January 15, 1856Published

Special Term. — This was a petition, filed July 23,1855, for the assignment of dower in certain real estate in Cincinnati, of which .the defendants, the commissioners of Hamilton county, were seized in fee simple.

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Special Term. — This was a petition, filed July 23,1855, for the assignment of dower in certain real estate in Cincinnati, of which .the defendants, the commissioners of Hamilton county, were seized in fee simple. The material facts were agreed upon as follows: The plaintiff and John Jaquess intermarried on the 11th day of April, 1848. The husband died the 29th of April, 1855. The directors of the Commercial Bank of Cincinnati conveyed the land in controversy to John Jaquess the 1st of February, 1844, and took from him a mortgage to secure the unpaid purchase-money. In 1849 they obtained a…

1Opinion of the Court

Gholson,

J. This is an action brought on a claim for dower, in a lot of land in this city. The right to dower is regulated by statute, and to that statute we must look to ascertain in what cases the right exists. There, are two classes of cases : First, where the husband was seized of lands, tenements, or real estate, as an estate of inheritance, at any time during the coverture. Second, where the husband had, at the time of his decease, any right, title, or interest, in any lands or tenements, held by bond, article, lease, or other evidence of claim. •

If a man, before his marriage, be seized…

2Cases cited7 opinions

  1. Bell v. Mayor of New-YorkNew York Court of Chancery · 1843
  2. Van Ness v. HyattSupreme Court of the United States · 1839
  3. Farmers' Fire Insurance & Loan Co. v. EdwardsNew York Supreme Court · 1841
  4. Stelle v. CarrollSupreme Court of the United States · 1838
  5. Starr v. EllisNew York Court of Chancery · 1822

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