Stevens v. Owen
Supreme Judicial Court of Maine
The action was of dower, in which the tenant pleaded a release of dower, and also that there were no rents and profits to the estate, wherein dower is claimed, during the coverture, the same having been in a wild and uncultivated state. At the trial, before Shepley J. the marriage, death, seizin of the husband, under whom the tenant claims, during coverture, and a séasonable demand of dower upon the tenant, were admitted.
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The action was of dower, in which the tenant pleaded a release of dower, and also that there were no rents and profits to the estate, wherein dower is claimed, during the coverture, the same having been in a wild and uncultivated state. At the trial, before Shepley J. the marriage, death, seizin of the husband, under whom the tenant claims, during coverture, and a séasonable demand of dower upon the tenant, were admitted. The tenant then read in evidence, a deed of warranty from Thomas Stevens, late husband of the demandant, dated May 1, 1827, to Amos Phillips, the tenant’s grantor, conveying…
1Opinion of the Court
The opinion of the Court was drawn up by
Whitman C. J.
The first question presented is, as to the construction to be put upon the language used by the demand-ant in the deed made by her and her husband to the tenant. The deed, on the part of her husband, conveys the premises in fee, with a general warranty. She, in the conclusion of it, says, “ in token of her free consent” she signs and seals it. This is supposed by the tenant to import a relinquishment of dower; and, if this was not intended to be the effect of what she did, it will be difficult to understand why she should so have executed…
2Cases cited4 opinions
- Powell v. Monson & Brimfield Manuf'g Co.U.S. Circuit Court for the District of Massachusetts · 1824
- Catlin v. WareMassachusetts Supreme Judicial Court · 1812
- Warner v. ThurloMassachusetts Supreme Judicial Court · 1818
- Hall v. SavageU.S. Circuit Court for the District of Massachusetts · 1826
3Cited by1 opinion
- McMullen v. DowleySupreme Judicial Court of Maine · 1980