Hood v. Hood
Massachusetts Supreme Judicial Court
Writ on dower, dated October 30,1871, by Anna M. Hood, alleging that she was the widow of James M. Hood, and praying that her dower might be set off to her in land in Somerset, of which he was seised during the coverture. The tenants pleaded the general issue, and also a special plea that James M. Hood was divorced from the demandant on May 22, 1861, by a decree of the Circuit. Court of Kane County in the State of Illinois.
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Writ on dower, dated October 30,1871, by Anna M. Hood, alleging that she was the widow of James M. Hood, and praying that her dower might be set off to her in land in Somerset, of which he was seised during the coverture. The tenants pleaded the general issue, and also a special plea that James M. Hood was divorced from the demandant on May 22, 1861, by a decree of the Circuit. Court of Kane County in the State of Illinois. At the trial in this court, before Wells, J., it appeared that the demandant was married to James M. Hood; that he died a year before this action was brought; that he was…
1Opinion of the CourtWells, J.
To maintain this claim of dower it must appear that the demandant is widow of James M. Hood; that is, that she was his wife until his decease. She was not, if the divorce in Illinois is valid.
The tenants contended that the decree of this court in Hood v. Hood, 11 Allen, 196, was conclusive against any attempt by her to impeach the previous decree. The ruling at the trial was otherwise ; and she was allowed to impeach the decree of divorce obtained against her by her husband in Illinois. In the opinion of the court this ruling was wrong.
Two questions are involved: 1st. Whether the evidence was…
2Cited by23 opinions
- Atherton v. AthertonSupreme Court of the United States · 1901
- Ross v. RossMassachusetts Supreme Judicial Court · 1880
- State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
- McCarthy v. William H. Wood Lumber Co.Massachusetts Supreme Judicial Court · 1914
- Sewall v. SewallMassachusetts Supreme Judicial Court · 1877
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