Transitory seisin
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 40 U.S. 21 - Susan Mayburry v. John McPherson Brien · 1841Most cited · 18 citing opinions
no dower
a transitory seisin, for an instant, when the same act that gives the estate to the husband conveys it out of him, as in the case of the conusee of a fine, is not sufficient to give the wife dower; the same doctrine applies, when the husband takes a conveyance in fee, and at the same time mortgages the land back to the grantor, or to a third person, to secure the purchase-money, in whole or in part, dower cannot be claimed as against rights under that mortgage; the husband is not deemed sufficiently or beneficially seised, by an instantaneous passage of the fee, in and out of him, to entitle his wife to dower as against the mortgagee.
How often courts cite the case defining “Transitory seisin”
Court decisions citing the opinion that defined “Transitory seisin” — 18 in all, by decade. Counts are citations to the defining case as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.