Parker v. Obear
Massachusetts Supreme Judicial Court
Writ of Dower. At the trial before Wilde, J., the intermarriage of the demandant and Moses Parker, his subsequent seizin of the premises in which dower was demanded, his death in 1814, and a demand of dower, made on the tenant, in June 1841, were proved or admitted. When said demand was made on the tenant, he admitted to the demandant, that she was entitled to dower in the premises, but said he could not set it out then, and advised her to bring her action.
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Writ of Dower. At the trial before Wilde, J., the intermarriage of the demandant and Moses Parker, his subsequent seizin of the premises in which dower was demanded, his death in 1814, and a demand of dower, made on the tenant, in June 1841, were proved or admitted. When said demand was made on the tenant, he admitted to the demandant, that she was entitled to dower in the premises, but said he could not set it out then, and advised her to bring her action. The tenant derived his title to the premises from said Moses, the demandant’s husband, through Joseph Parker, deceased. Ephraim Adams,…
1Opinion of the CourtHubbard, J.
It is admitted in this case, that a much longer period than twenty years has elapsed, since the decease of the demandant’s husband, out of whose estate she claims to be endowed. The tenant, an alienee of the heir at law of a part of the estate of which the husband died seized, relies on the statute of limitations as a valid bar to this claim. The language of the statute is this: “ No person shall commence an action for the recovery of any lands, nor shall make an entry thereupon, unless within twenty years after the right to make such entry or bring such action first accrued, or within twenty…
2Cases cited1 opinion
- Hogle v. StewartNew York Supreme Court · 1811