Fosdick v. Gooding
Supreme Judicial Court of Maine
Dower unde nihil habet, wherein the plaintiff demanded against the defendant Gooding and Ann Graffam her just and reasonable third part of a certain messuage or parcel of land in Port-, land, whereof she alleged herself to be dowable of the estate of her late husband Nathaniel F, Fosdick deceased.
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Dower unde nihil habet, wherein the plaintiff demanded against the defendant Gooding and Ann Graffam her just and reasonable third part of a certain messuage or parcel of land in Port-, land, whereof she alleged herself to be dowable of the estate of her late husband Nathaniel F, Fosdick deceased. In a case made for the opinion of the Court, it was agreed that Nathaniel F. Fosdick was seized in fee of the premises dm scribed in the declaration in his lifetime, and during his marriage with the plaintiff;—that the United States afterwards, and before his death, extended their execution on the…
1Opinion of the Court
Mellen C. J.
at the succeeding term delivered the opinion of the Court as follows:
At the hearing of this cause we listened with much pleasure to the learned and able discussion of its merits; and having since examined most of the authorities to which we have been referred, we have at length arrived at what we believe to be a correct and legal conclusion.
In the argument two questions have been presented for our consideration—
1. Was the action rightly commenced against the two tenants jointly ?
2. If not, can the tenant Gooding, the other tenant being defaulted, now object to this joinder, and…
2Cases cited4 opinions
- Potter v. WheelerMassachusetts Supreme Judicial Court · 1816
- Keith v. SwanMassachusetts Supreme Judicial Court · 1814
- Ward v. WinshipMassachusetts Supreme Judicial Court · 1815
- Parker v. MurphyMassachusetts Supreme Judicial Court · 1815