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1 Smith & H. 75

Comly v. Strader

Indiana Supreme Court

Decided May 15, 1848

Indiana Supreme Court · decided 1848-05-15

A petition was filed by the plaintiff in error, praying for the assignment of dower in lands of which her husband was seized during coverture, and which were aliened by him to the defendants in 1838, the petitioner having been, in 1844, divorced from her said husband upon a bill filed by her against him.

Decided 1848-05-15

¶1Held, That the petition was rightly dismissed, and that the 57th section of chapter 35, R. S., which gives the right of dower in such cases, whatever effect it may have in the case of lands aliened subsequently to the passage of the act, cannot affect a title procured from the husband before tbe law was enacted.

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