Cowan v. Lindsay
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Winnebago County. This is an action to recover a dower interest in certain real estate. No formal demand that such dower be assigned was made before the action was commenced. The plaintiff claims as the widow of one Frederick Preston.
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APPEAL from tbe Circuit Court for Winnebago County. This is an action to recover a dower interest in certain real estate. No formal demand that such dower be assigned was made before the action was commenced. The plaintiff claims as the widow of one Frederick Preston. The evidence is that she intermarried with Preston, October 9th, 1847, at Delavan, in this state, and resided with him at Oshkosh until the April following, when Preston took her to the residence of her father in Walworth county, and left her there under the pretence that he was going to Milwaukee to buy a stock of goods. She…
1Opinion of the CourtLyON, J.
We think that tbe bringing of tbe action is a sufficient demand of her dower by tbe plaintiff, and that tbe right to maintain tbe action does not depend upon a previous *589demand therefor. The only effect of the want of such previous demand is to relieve the defendant from the liability to pay damages for withholding such dower interest, up to the time when the action was commenced. Tayl. Sts., 1161, § 25.
It is undisputed that the plaintiff was lawfully married to Preston, that Preston was seized of the lands in question, in fee simple, during the coverture, and that the plaintiff has never…
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