Cass v. Martin
Superior Court of New Hampshire
This was a writ of dower, and was tried here, at November term, 1831, and a verdict taken, by consent, for the tenant, subject to the opinion of the court, upon the following* ease. E. Webster, being owner c.f the premises, in which the said Ruth now claims her dower, on the 12th November. 1820. conveyed the same to B. Cass, then the 1ms-hand cf the demandant, in fee ; and, at the same time, the said Ca-s reconvened the same promises to Webster, in fee and in morhguTe.
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This was a writ of dower, and was tried here, at November term, 1831, and a verdict taken, by consent, for the tenant, subject to the opinion of the court, upon the following* ease. E. Webster, being owner c.f the premises, in which the said Ruth now claims her dower, on the 12th November. 1820. conveyed the same to B. Cass, then the 1ms-hand cf the demandant, in fee ; and, at the same time, the said Ca-s reconvened the same promises to Webster, in fee and in morhguTe. Cass immediately cmcrod and condtmed to reside r.pon the preñase» unid April, 1828. when he then. en ~he 3d June, 1 C23,…
1Opinion of the CourtRichardson, C. J.
It is very clear, in this case, that the husband had nothing in the land, during the coverture, except the equity of redemption. 4 Mass. Rep. 566, Holbrook v. Finney.
But when her husband died, this demandant was entitled to her dower in the equity of redemption. 5 N. H. Rep. 431, and the cases there cited. 5 Pick. 146, Gibson v. Crehore.
It is, however, certain, that a widow, entitled to dower in an equity of redemption, can maintain no writ of dower against the mortgagee or his assignees, until she has redeemed the land, by paying the amount clue on the mortgage. 5 Pick. 146, Gibson v.…
2Cases cited2 opinions
- Holbrook v. FinneyMassachusetts Supreme Judicial Court · 1808
- Southerin v. MendumSuperior Court of New Hampshire · 1831
3Cited by6 opinions
- Smith v. MooreSuperior Court of New Hampshire · 1840
- Rigney v. LovejoySuperior Court of New Hampshire · 1842
- Bullard v. BowersSuperior Court of New Hampshire · 1840
- Rossiter v. CossitSuperior Court of New Hampshire · 1844
- Woods v. WallaceSuperior Court of New Hampshire · 1854
1 more not listed; retrieve them via the Exa API.