Stedman v. Fortune
Supreme Court of Connecticut
This was an action of ejectment, tried at Hartford, September term, 1824, before Bristol, J. The plaintiffs claimed title to the demanded premises, by virtue of a mortgage deed from James Fortune, the sole heir of Luke Fortune, deceased, who died seised of such premises.
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This was an action of ejectment, tried at Hartford, September term, 1824, before Bristol, J. The plaintiffs claimed title to the demanded premises, by virtue of a mortgage deed from James Fortune, the sole heir of Luke Fortune, deceased, who died seised of such premises. Prudence Fortune, the defendant, was the widow of Luke Fortune, and was, according to the laws of this State, entitled to dower in her deceased husband’s estate ; but her dower in that estate had never been assigned. The defendant claimed, that if the plaintiffs obtained title to the premises, by virtue of such deed from…
1Opinion of the CourtPeters, J.
By the common law, a widow is entitled to dower in all the land, whereof her husband was seised in fee-simple or fee-tail, at any time during the coverture, and of which any issue she might have had, might, by possibility, be heir ; but she had no right of entry until her dower was assigned. Litt. sect. 36. 53. 2 Bla. Comm. 134. 139. Bac. Abr. tit. Dower. B. The same principle has been adopted in Massachusetts and in New-York. Windham v. Portland, 4 Mass. Rep. 384. Sheafe v. O’Neil, 9 Mass. Rep. 13. Jackson d. Clowe v. Vanderheyden, 17 Johns. Rep. 167. But, by our statute, “ every married…
2Cases cited3 opinions
- Inhabitants of Windham v. Inhabitants of PortlandMassachusetts Supreme Judicial Court · 1808
- Sheafe v. O'NeilMassachusetts Supreme Judicial Court · 1812
- Crocker v. FoxSupreme Court of Connecticut · 1791
3Cited by7 opinions
- Standard Co. v. YoungSupreme Court of Connecticut · 1916
- Wooster v. Hunts Lyman Iron Co.Supreme Court of Connecticut · 1871
- Humphrey v. GerardSupreme Court of Connecticut · 1911
- Crandall v. GallupSupreme Court of Connecticut · 1837
- GreatheadSupreme Court of Connecticut · 1875
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