¶1It would seem that the claim made by the tenant, not having been pleaded nor suggested of record before the appointment of commissioners, was not open to her at the hearing. Ayer v. Spring, 9 Mass. 8, and 10 Mass. 80, 83. Stearns on Real Actions, 317, 478.' But the evidence offered by her did not tend to show any improvements, properly so called, upon the premises; but only repairs for the purpose of keeping the house in a tenantable condition, to the expenses of which the demand-ant,- before the assignment of her dower, was under no obligation to contribute. Exceptions overruled.
131 Mass. 535
Walsh v. Wilson
Massachusetts Supreme Judicial Court
Decided November 2, 1881
Massachusetts Supreme Judicial Court · decided 1881-11-02
Writ of dower. After trial and verdict in favor of the demandant, and an assessment of damages for the detention of dower up to the date of the verdict, a warrant was issued to commissioners in the usual form, directing them to set out to the demandant her dower in the premises described in the writ, and report was made to the court by the commissioners of their doings under the same.
Relies on Ayer v. Spring · Ayer v. Spring
Decided 1881-11-02