Lund v. Lund
Superior Court of New Hampshire
THIS was a writ of dower, and was submitted, to the decision of the court upon the following agreed statement of facts. Augustus Lund, the demandant’s late husband, by deed of bargain and sale bearing date October 23, 1812, conveyed the demanded premises to James Thornton in fee, and the demandant by the same deed released her right of dower in usual form.
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THIS was a writ of dower, and was submitted, to the decision of the court upon the following agreed statement of facts. Augustus Lund, the demandant’s late husband, by deed of bargain and sale bearing date October 23, 1812, conveyed the demanded premises to James Thornton in fee, and the demandant by the same deed released her right of dower in usual form. It was at the same time agreed that Thornton should at a subsequent time give Lund a bond, conditioned to re-convey to him upon the payment of eight hundred dollars and interest thereon from the 23d of October, 1812, at any time within…
1Opinion of the Court
Bell, J.*
The decision of this question depends upon the operation of the deed of October 23. 1812, from Augustus Lund to James Thornton. If that deed conveyed an absolute estate in fee, the demandant by her release of her right of dower has precluded herself from a recovery of her dower in the premises : but if the deed of October 23, 1812, gave to Thornton an estate in mortgage only, the debt secured by the mortgage having been repaid by the administrator, who is the legal representative of Augustus Lund, the estate re-vested in those who would have been by law entitled to it if the deed of…
2Cases cited3 opinions
- Harrison v. Trustees of Phillips AcademyMassachusetts Supreme Judicial Court · 1815
- Erskine v. TownsendMassachusetts Supreme Judicial Court · 1807
- Boswell v. DingleyMassachusetts Supreme Judicial Court · 1808
3Cited by6 opinions
- Barrett v. WhiteSuperior Court of New Hampshire · 1825
- Runlet v. OtisSuperior Court of New Hampshire · 1820
- Hebron v. Centre-HarborSuperior Court of New Hampshire · 1841
- Moore v. EstySuperior Court of New Hampshire · 1831
- Comtois v. MAK Investments, LLC (In Re Comtois)United States Bankruptcy Court, D. New Hampshire · 2007
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