Harper v. Clayton
Court of Appeals of Maryland
Appeal from the Circuit Court for Kent County. The prayer of the bill in this case was for thp sale of the unassigned dower interest of Rachel C. Clayton in the lands of her deceased husband in order to satisfy the judgments obtained by the plaintiffs against her. The Court below (Wickes, J.) sustained a demurrer to the bill.
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Appeal from the Circuit Court for Kent County. The prayer of the bill in this case was for thp sale of the unassigned dower interest of Rachel C. Clayton in the lands of her deceased husband in order to satisfy the judgments obtained by the plaintiffs against her. The Court below (Wickes, J.) sustained a demurrer to the bill. Afterwards the plaintiffs asked leave to amend by charging that, prior to the filing of the bill of complaint in this cause, writs óf execution by way of fieri facias had been issued on each of the petitioner’s judgments obtained before the justice of the'peace, as…
1Opinion of the CourtFowler, J.
The plaintiffs below are judgment creditors of the defendant, who is the widow of the late John S. Clayton, and as such widow she is entitled to dower in the real estate of her late husband. But it appears that her dower has never been actually assigned or set off to her, and it would, therefore, follow that she has not, at common law, any interest or estate in the lands of her husband until such assignment has been made. Previous to the assignment of dower her interest is a mere chose in action, nothing but a right by appropriate proceedings to compel the assignment to be made.” Freeman on…
2Cases cited7 opinions
- Ager v. MurraySupreme Court of the United States · 1882
- Payne v. . BeckerNew York Court of Appeals · 1881
- Keightley v. WallsIndiana Supreme Court · 1866
- McMahon v. GrayMassachusetts Supreme Judicial Court · 1889
- Buford v. BufordCourt of Appeals of Kentucky · 1808
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3Cited by15 opinions
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- Dow v. IrwinNew Mexico Supreme Court · 1915
- Fremont Farmers Union Cooperative Ass'n v. MarkussenNebraska Supreme Court · 1939
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