Johnson v. Perley
Superior Court of New Hampshire
A widow is entitled to dower in lands of which her husband was seized during coverture, if the lands were at that time “in a state of cultivation,” though yielding no net income. Lands must he considered “ in a state of cultivation,” when they are not in their original state of nature, or, after being cleared and worked, have not reverted to a similar state.
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A widow is entitled to dower in lands of which her husband was seized during coverture, if the lands were at that time “in a state of cultivation,” though yielding no net income. Lands must he considered “ in a state of cultivation,” when they are not in their original state of nature, or, after being cleared and worked, have not reverted to a similar state. In ascertaining the right of dower at common law, the income or annual value was not regarded ; nor should it be under our statute or the statute of Merton. But under our statute, it is a secondary guide to the sheriff in the assignment,…
1Opinion of the CourtWoodbury, J.
At the trial of this cause, some of the members of the court were inclined to think, that land, which yielded no anrsual income during the husband’s seisin, though it might have been cultivated, was not the subject of dower. But on reflection we are all inclined to question the correctness of that position.
The issue in this case, is, not whether there was any income, but whether the land was “ in a state of cultivation.’’
It therefore follows, that if land can be “ in a stale of cultivation,” and yet, in the words of our statute, (1) not “ produce an income,” the present verdict must be set…
2Cases cited1 opinion
- Leonard v. LeonardMassachusetts Supreme Judicial Court · 1808
3Cited by1 opinion
- Meserve v. MeserveSuperior Court of New Hampshire · 1848