Legal Opinion

Webb v. Townsend

Massachusetts Supreme Judicial Court

Decided September 15, 1822Published

This was a writ of dower. The question in the case was, whether the demandant was entitled to dower in land aliened by her husband during the coverture, while it was wild and uncultivated, but which at the time of the demand of dower had been brought into a state of cultivation by the husband’s grantee and those claiming under him. It was agreed that certain persons should be a committee to assign the dower, in case it should be allowed.

1Per curiam

In Conner v. Shepherd, it was decided, that a widow is not dowable of land in a wild and uncultivated state. In several other cases it has been determined, that when land of which a widow is dowable shall have been increased in value by a grantee of the husband, her dower shall be assigned according to the value of the land when alienated.1 In the case before us, when the alienation took place, the land was in a state of nature, and the demandant could not have had dower. At the time when dower was demanded, the land had become a cultivated farm, but altogether by the *23tabor of the grantee, or…

2Cases cited6 opinions

  1. Powell v. Monson & Brimfield Manuf'g Co.U.S. Circuit Court for the District of Massachusetts · 1824
  2. Catlin v. WareMassachusetts Supreme Judicial Court · 1812
  3. Powell v. Monson & Brimfield Manuf'g Co.U.S. Circuit Court for the District of Massachusetts · 1824
  4. Ayer v. SpringMassachusetts Supreme Judicial Court · 1812
  5. Ayer v. SpringMassachusetts Supreme Judicial Court · 1813

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