Nye v. Taunton Branch Railroad
Massachusetts Supreme Judicial Court
Writ of DOWER. In the Superior Court, trial by jury having been waived, the case was heard by Pitman, J., upon an agreed statement of facts, as follows: “ Paul Nye, the husband of the demandant, bought the land described in the writ, of one Hodges, October 4, 1826, for $700, and gave therefor at the same time his note for the full amount, secured by a mortgage on the land, which mortgage demandant did not sign.
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Writ of DOWER. In the Superior Court, trial by jury having been waived, the case was heard by Pitman, J., upon an agreed statement of facts, as follows: “ Paul Nye, the husband of the demandant, bought the land described in the writ, of one Hodges, October 4, 1826, for $700, and gave therefor at the same time his note for the full amount, secured by a mortgage on the land, which mortgage demandant did not sign. Paul Nye, after purchasing the land, occupied and improved it, and erected a dwelling-house thereon, and on June 2, 1828, his equity of redemption was sold on execution to one…
1Opinion of the CourtEndicott, J.
The demandant had an inchoate right of dower in this land at the time it was conveyed by deed in common form to the tenant. Upon the decease of her husband she became entitled to have her dower in the same assigned to her, unless she had been lawfully barred thereof. Gen. Sts. c. 90, § 1. It is claimed by the tenant that she is barred, because when her right became consummate, the land had already been taken for a public use, in a manner authorized by law.
Two methods are pointed out in the Gen. Sts. c. 63, § 19, for the taking of land by a railroad corporation, for making and securing its…
2Cited by10 opinions
- Chouteau v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Venable v. Wabash Western Railway Co.Supreme Court of Missouri · 1893
- Coates & Hopkins Realty Co. v. Kansas City Terminal Railway Co.Supreme Court of Missouri · 1931
- Capreal, Inc. v. United StatesUnited States Court of Federal Claims · 2011
- Radetsky v. JorgensenSupreme Court of Colorado · 1921
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