Hamlin v. Hamlin
Supreme Judicial Court of Maine
This was an action of dower. The marriage of the demandant with Eli Hamlin, and his death, were admitted. It was proved that dower was duly demanded.
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This was an action of dower. The marriage of the demandant with Eli Hamlin, and his death, were admitted. It was proved that dower was duly demanded. To prove the seizin of the husband in the estate in which dower was demanded, the demandant called Elisha Ilight, who testified, that Eli Hamlin, for nine or ten months before his death, occupied a part of the estate formerly owned by Asa Clapp, in Scarborough, which had been set off to him by parol partition, as his share, and in which dower was claimed — that the tenant occupied a portion of the same farm, and Nathaniel Hamlin another portion…
1Opinion of the Court
The opinion of the Court was delivered by
Shepley J.
The demandant claims dower as the widow" of Eli Hamlin deceased, and her rights are to be considered in the most favorable light in which they could be regarded by a jury. The declaration claims the dower in lands conveyed by Asa Clapp to the tenant; and the demand of dower describes the land as thus conveyed. The testimony was received from Witnesses introduced by the demandant. Elisha Hight states that the tenant “ said he would give Maria a deed, but it would not be safe for her, as she owed Mitchell and might lose it. He said the farm was…
2Cases cited1 opinion
- Whitney v. HolmesMassachusetts Supreme Judicial Court · 1818
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