Taylor v. Kearn

Hr. Justice Scott,

dissenting:

I am unable to concur in the opinion of the majority of the court.

By our laws, “equitable estates shall be subject to the widow’s dower, and all real estate of every description contracted for by the husband during his lifetime, the title to which may be completed after his death.”

The only question raised is, whether the husband of the demandant, in his lifetime, had such title to the lands in controversy as, under this provision of the statute, her dower would attach. The facts alleged in the petition, and admitted by the demurrer to be true, are as follows:…