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4 N.H. 107

Barnard v. Edwards

Superior Court of New Hampshire

Decided May 15, 1827

Superior Court of New Hampshire · decided 1827-05-15

This was a writ of dower brought to recover the dower of the said Mary in a lot of land in Keene, of which Ezekiel Moore her late husband was seized during the coverture.

Good law ✅— No negative treatment on recordhow we know

Decided 1827-05-15

How this case has been cited

Cited by 5 later decisions — most recently June 1891

5 state decisions

2018271830184018501860187018801890decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Richardson, C. J.

¶1delivered the opinion of the court. We are of opinion that the statute of June 19, 1805, section 1, applies only to actions, entries and claims founded on some previous seizin or possession of the lands, tenements, or hereditaments demanded, from which seizin or possession the time of limitation may be' dated ; and that dower is not within the statute. For we have decided that dower cannot have a limitation dated from the seizin of the husband. Moore v. Frost, 3 N. H. Rep. 126.

¶2And it is clear that a limitation of dower cannot be dated from the seizin or possession of the demandant, because she cannot have either until dower has been assigned to her.

¶3For these reasons we think that dower is not within the statute. Coke Litt. 115, a. note 149.

¶4It is possible that there may be cases in which it would be proper to submit it to a jury to presume a release of a right of dower from a long delay to demand it under certain circumstances, after the right was known to have accrued. Rut the plea in this case is no answer to the action ; and must be adjudged insufficient.

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