Parker v. Murphy
Massachusetts Supreme Judicial Court
This was a writ of dower, to which the tenant pleaded in abatement, that he could not render to the demandant her dower of the tenements aforesaid, &c., because he was not, on the day of purchase of the demandant’s writ, nor ever afterwards had been, tenant of the freehold thereof; and this, &c. * To this plea the demandant demurred, and the tenant [*486 ] joined in demurrer.
1Opinion of the CourtJackson, J.
It is not doubted that this plea would be good at common law ; but it has been argued, that, by our statute,(1) a writ of dower may be brought against any person in the actual possession of the premises, although he is not tenant of the freehold.
As there seems to have been no adequate motive in this case, to deviate from the principles applicable to all real actions, we are not to suppose that the legislature intended to do so, unless their meaning is clearly and unequivocally expressed. The statute seems to require that the demand, to entitle the widow to damages, should be made of “ the…
2Cited by2 opinions
- Ellis v. EllisSupreme Court of Rhode Island · 1856
- Fosdick v. GoodingSupreme Judicial Court of Maine · 1820