Sheafe v. O'Neil
Massachusetts Supreme Judicial Court
Entry sur disseisin. The demandant counts on his own seisin within thirty years, and on a disseisin by the tenant, who pleads in bar as to one undivided third part of the demanded premises, that James O'Neil, her late husband, before the seisin of the demand-ant, and during the coverture of the said James and Mary, was seised in fee of the demanded premises, and afterwards the said James died, the said Mary never having parted with her right of * dower in the premises;…
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Entry sur disseisin. The demandant counts on his own seisin within thirty years, and on a disseisin by the tenant, who pleads in bar as to one undivided third part of the demanded premises, that James O'Neil, her late husband, before the seisin of the demand-ant, and during the coverture of the said James and Mary, was seised in fee of the demanded premises, and afterwards the said James died, the said Mary never having parted with her right of * dower in the premises; whereupon she entered into the said undivided third part as tenant in dower, and still possesses the same as tenant in dower;…
1Opinion of the Court
The Court observed that a tenant in dower was not seised of an undivided third part; nor could the tenant in this case defend against this action, unless her dower had been legally assigned to her. — The pleadings were then withdrawn by consent, and the tenant was defaulted.
Mellen and Lyman for the demandant.
Holmes for the tenant.
2Cited by19 opinions
- Tompkins v. FondaNew York Court of Chancery · 1834
- Morris v. GlaserNew Jersey Court of Chancery · 1930
- Neal v. DavisOregon Supreme Court · 1909
- Smith v. ShawMassachusetts Supreme Judicial Court · 1889
- Grimes v. WilsonIndiana Supreme Court · 1837
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