Durham v. Angier
Supreme Judicial Court of Maine
This was an action to recover dower in a part of lot 36, in the first division, in Belfast, and was submitted to the Court on the following facts, by the agreement of parties. The demandant was the widow of John Durham, and was married to him in Dec. 1780. To prove the seizin of her husband, she produced an office copy of a warranty deed from Benjamin and Edward Stetson, of lot 36, to him, dated April 2, 1796, duly acknowledged and recorded.
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This was an action to recover dower in a part of lot 36, in the first division, in Belfast, and was submitted to the Court on the following facts, by the agreement of parties. The demandant was the widow of John Durham, and was married to him in Dec. 1780. To prove the seizin of her husband, she produced an office copy of a warranty deed from Benjamin and Edward Stetson, of lot 36, to him, dated April 2, 1796, duly acknowledged and recorded. John Durham resided upon part of lot 36 from the year 3 798 to the time of his death, which took place Oct. 25,1823. At the time said Durham went into…
1Opinion of the Court
The opinion of the Court was by
Shepley J.
It is provided by Statute, c. 41, § 6, “that the estate in which a widow shall have a right to claim dower by this act, is all such lands, tenements and hereditaments of which the husband was seized in fee, either in possession, reversion, or remainder, at any time during the marriage, except where such widow by her own consent may have been provided for by way of jointure prior to the marriage, or where she may have relinquished her right of dower by deed under her hand and seal.” In England, by the St. of 3 & 4 Will. 4, c. 105, .§> 4, the widow is…
2Cases cited1 opinion
- Jones v. PowellNew York Court of Chancery · 1822
3Cited by4 opinions
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- Lucas v. WhiteSupreme Court of Iowa · 1903
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- Lucas v. WhitacreSupreme Court of Iowa · 1903