Peabody v. Patten
Massachusetts Supreme Judicial Court
This case came before the Court upon a statement of facts. The plaintiff and her husband, Theodore Peabody, in 1807, conveyed land held by them in fee in her right to the Trustees of Westford Academy in mortgage ; and the Trustees, on the 2d of May, 1821, assigned the same to the defendant.
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This case came before the Court upon a statement of facts. The plaintiff and her husband, Theodore Peabody, in 1807, conveyed land held by them in fee in her right to the Trustees of Westford Academy in mortgage ; and the Trustees, on the 2d of May, 1821, assigned the same to the defendant. The equity of redemption was attached by one Wright and others, creditors of the husband, and on the 31st of October, 1820, was sold to the defendant by virtue of an execution in favor of Wright. Theodore Peabody died in January 1821. The defendant, in September 1821, recovered judgment on the mortgage…
1Opinion of the Court
Wilde J.
If a widow be dowable of an equity, as was determined in the case of Snow v. Stevens, 15 Mass. R 278, it follows conclusively that she is entitled to redeem the mortgage ;1 and if she has this right in the estate of her husband, it would be a strange anomaly if she had not as much right in her own inheritance. The husband by marriage acquires no right in the inheritance of the wife, he is only entitled to the possession, and the pernancy of the profits, during coverture. He cannot alienate her real estate, or charge it with his debts, without her consent. And if she consents so to…
2Cases cited3 opinions
- Rogers v. RogersNew York Court of Chancery · 1828
- Evans v. NegleySupreme Court of Pennsylvania · 1825
- Reed v. MorrisonSupreme Court of Pennsylvania · 1824