Randall v. Kreiger
Supreme Court of the United States
Appeal from the Circuit Court for the District of Minnesota. Mrs. Sarah Randall, whose husband, John Randall, had been seized in fee during their marriage of a piece of land in Minnesota, brought suit, her husband being now dead, to have dower in the land.
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Appeal from the Circuit Court for the District of Minnesota. Mrs. Sarah Randall, whose husband, John Randall, had been seized in fee during their marriage of a piece of land in Minnesota, brought suit, her husband being now dead, to have dower in the land. The ease was thus: In May, 1849, the said John Randall, being seized as above-said in fee of the land, he and his wife, then, as always before and afterwards, resident in the State of New York, executed in the form proper to pass a feme covert’s interest in lands in that State, a power of attorney to a person in Minnesota, by which the…
1Opinion of the CourtJustice Swayne
There is no controversy between the parties as to the facts.
When the power of attorney was given there was no law of Minnesota authorizing such an instrument to be executed by husband or wife, or the attorney to convey under'it.
The validity of the deed as respects Randall, the husband, is not questioned, but its efficacy as to the widow, the appellant in this case, is denied. Her claim to dower is resisted upon several grounds, and among them that the defect in the deed was remedied by the curative act of 1857.
We have found it necessary to consider only the point just stated.
It is not…
2Cases cited3 opinions
- Wilkinson v. LelandSupreme Court of the United States · 1829
- Satterlee v. MatthewsonSupreme Court of the United States · 1829
- Lucas v. SawyerSupreme Court of Iowa · 1864
3Cited by70 opinions
- Irving Trust Co. v. DaySupreme Court of the United States · 1942
- Danforth v. Groton Water Co.Massachusetts Supreme Judicial Court · 1901
- Arnett v. ReadeSupreme Court of the United States · 1911
- Whitlock v. HawkinsSupreme Court of Virginia · 1906
- Billings v. PeopleIllinois Supreme Court · 1901
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