Galbraith v. Fleming
Michigan Supreme Court
. Error to Sanilac. (Wixson, J.) Ejectment. Plaintiff brings error. The facts, are stated in the opinion and head note. How.
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. Error to Sanilac. (Wixson, J.) Ejectment. Plaintiff brings error. The facts, are stated in the opinion and head note. How. Stat. § 5733, provides that “the widow of every deceased person shall be entitled to dower, or the use, during her natural life of one-third part of all the lands whereof her husband was seized of an estate of inheritance, at any time during the marriage, unless she is lawfully barred thereof;” and this Court has said that a widow may bring ejectment for her dower interest at once, and without assignment: Proctor v. Bigelow, 38 Mich. 282; Moody v. Seaman, 46 Mich. 76.…
1Opinion of the CourtMorse, J.
This is an action of ejectment, brought by plaintiff to recover the dower of Elizabeth Galbraith, his father’s widow, in 80 acres of land of which the fee is in the defendant.
William Galbraith, the father of the parties in this suit, at the time of his death was the owner in fee simple of the W. i of the N. E. i of section 29, and the W. £ of the S. E. i of section 20, in the township of Worth, Sanilac county. He left surviving him, as heirs, the plaintiff, the defendant, and Pythagoras Galbraith, and a widow, Elizabeth Galbraith.
There was no will, and after his death the children divided the…
2Cases cited5 opinions
- Rayner v. LeeMichigan Supreme Court · 1870
- Proctor v. BigelowMichigan Supreme Court · 1878
- Snyder v. SnyderMichigan Supreme Court · 1859
- Yates v. PaddockNew York Supreme Court · 1833
- Rowe v. JohnsonSupreme Judicial Court of Maine · 1841
3Cited by7 opinions
- Lund v. TylerSupreme Court of Iowa · 1901
- In re National Grocer Co.Court of Appeals for the Sixth Circuit · 1910
- Colby v. McClendonSupreme Court of Oklahoma · 1922
- Johnston v. LooseMichigan Supreme Court · 1918
- Rea v. ReaMichigan Supreme Court · 1886
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