Temperance House v. Fowle
Oregon Supreme Court
Polk county: R. P. Boise, Judge. Plaintiff appeals. The object of this action is to recover dower. There is a stipulation in the record as to the facts from which it appears: (1) The lands in controversy in this action were owned by E. M. Montgomery in his life-time; (2) that Temperance House, the plaintiff, was the widow of said Montgomery; (3) in 1880 the plaintiff, then Temperance Montgomery, gave a quit-claim deed for the consideration of §300 to her then husband, E. M.…
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Polk county: R. P. Boise, Judge. Plaintiff appeals. The object of this action is to recover dower. There is a stipulation in the record as to the facts from which it appears: (1) The lands in controversy in this action were owned by E. M. Montgomery in his life-time; (2) that Temperance House, the plaintiff, was the widow of said Montgomery; (3) in 1880 the plaintiff, then Temperance Montgomery, gave a quit-claim deed for the consideration of §300 to her then husband, E. M. Montgomery, conveying all of her right, estate and dower in the lands in dispute; (4) that in 1884 said Montgomery died…
1Opinion of the Court
Stbahan, O. J.
— A single question has been presented on this appeal, and to that only will our attention be directed. It was conceded upon the argument that the judgment appealed from is right and must be affirmed unless the plaintiff is barred of her dower by her deed to her husband, D. M. Montgomery.
Hill’s Code, § 2954, provides: “The widow of every deceased person shall be entitled to dower, or the use during her natural life of the one-third part of all the lands whereof her husband was seized of an estate of inheritance at any time during the marriage, unless she is lawfully barred…
2Cases cited5 opinions
- Carson v. MurrayNew York Court of Chancery · 1831
- Martin's Heirs v. MartinSupreme Court of Alabama · 1853
- Linton v. CrosbySupreme Court of Iowa · 1880
- Robertson v. RobertsonSupreme Court of Iowa · 1868
- McKee v. ReynoldsSupreme Court of Iowa · 1869
3Cited by8 opinions
- Temperance House v. FowleOregon Supreme Court · 1892
- Chance v. WestonOregon Supreme Court · 1920
- Potter v. PotterOregon Supreme Court · 1903
- Jenkins v. HallOregon Supreme Court · 1894
- McCrary v. BiggersOregon Supreme Court · 1905
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