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53 Me. 465

Wing v. Ayer

Supreme Judicial Court of Maine

Decided July 1, 1866

Supreme Judicial Court of Maine · decided 1866-07-01

Bill IN Equity, setting forth substantially that the complainant was married to one J. M. Fogg, Dec. 11, .1855, with whom she lived until June 5, 1858, when the said Fogg deceased; that, during her coverture with said Fogg, he was seized and possessed of the equity of redemption of two certain parcels of land situate in Lewiston, county of Androscoggin, and adjoining each other, the same having been conveyed to the said Fogg during his intermarriage with” the complainant,…

Cited by 1 later decisions — most recently October 1883

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1866-07-01

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Appleton, C. J.,

¶1The plaintiff, claiming dower in an equity of redemption of certain lands mortgaged by her husband during coverture, brings this bill to redeem, to which the defendants demur.

¶2*468The bill must affirmatively show that the Court has jurisdiction. It does not distinctly set forth that the husband was seized during coverture of an estate in fee or of any estate in which the wife would be dowable in the lands mortgaged. The bill should show such seizin in the husband as would entitle the wife to dower. Freeman v. Freeman, 39 Maine, 426. The demurrer is sustained.

Cutting, Walton, Dickerson and Tapley, JJ., concurred.
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