Small v. Procter
Massachusetts Supreme Judicial Court
This was a writ of dower, to which the tenant pleaded, 1. That Daniel Small, the husband of the demandant, was never seised of such an estate in the premises, whereof he could endow her; on which issue was joined. 2. That the premises, at the time the said Daniel was seised thereof, (if he ever was seised,) were wild, uncultivated, and unproductive land, without any improvement thereon, and of no annual income.
Read the full summary
This was a writ of dower, to which the tenant pleaded, 1. That Daniel Small, the husband of the demandant, was never seised of such an estate in the premises, whereof he could endow her; on which issue was joined. 2. That the premises, at the time the said Daniel was seised thereof, (if he ever was seised,) were wild, uncultivated, and unproductive land, without any improvement thereon, and of no annual income. Which plea the demandant objected to receive, as putting an immaterial fact in issue; but, being directed by the judge to reply thereto, the same was traversed, and issue joined…
1Opinion of the CourtWilde, J.
The demandant, to prove her husband’s seisin of the land whereof dower is demanded, proauced at the trial a deed from II. Knox and wife, purporting to convey the same to him in * fee; and if the deed was effectual for that purpose, the husband’s seisin would seem to be sufficiently well established; for, although there was no proof offered of the title of JS. Knox and wife, yet their right was not questioned at the trial, and we understand it as having been admitted by the tenant. He, however, contends that nothing passed by that deed to Small, because he says that Knox and wife were…
2Cases cited5 opinions
- Proprietors of the Kennebeck Purchase v. SpringerMassachusetts Supreme Judicial Court · 1808
- Dorsey v. ClarkeCourt of Appeals of Maryland · 1819
- Jenney v. AldenMassachusetts Supreme Judicial Court · 1815
- Stark's Heirs v. CannadyCourt of Appeals of Kentucky · 1823
- Boston Mill Corp. v. BulfinchMassachusetts Supreme Judicial Court · 1810
3Cited by17 opinions
- Edgerton v. BirdWisconsin Supreme Court · 1858
- Dow v. DowMassachusetts Supreme Judicial Court · 1923
- Roseboom v. VechtenNew York Supreme Court · 1848
- Wright v. SwanSupreme Court of Alabama · 1837
- Jackson ex dem. Van Alen v. RogersNew York Supreme Court · 1799
12 more not listed; retrieve them via the Exa API.