Lufkin v. Curtis

Massachusetts Supreme Judicial Court

Lufkin v. Curtis

13 Mass. 223

Massachusetts Supreme Judicial Court·Decided May 15, 1816·Published·Cited by 21 cases

Opinion

By the Court.

The mortgage deed relied on by the tenant is

wholly insufficient to bar the demandant of her claim of dower. It contains no release of her right, nor any declaration for what reason she executed it. To have been valid for the purpose contended for by the tenant, it should have contained words importing a release of «ier claim of dower; which has been recognized as sufficient.

Tenant defaulted.

[See Leavitt vs. Lamprey, 13 Pick 382.—Melvin vs The Proprietors of Locks and Canals, 16 Pick. 137. — Powell & ux. vs. Monson & Brimfield Manuf. Co. 3 Mason, R 347. —Ed.]

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By the Court.

The mortgage deed relied on by the tenant is

wholly insufficient to bar the demandant of her claim of dower. It contains no release of her right, nor any declaration for what reason she executed it. To have been valid for the purpose contended for by the tenant, it should have contained words importing a release of «ier claim of dower; which has been recognized as sufficient.

Tenant defaulted.

[See Leavitt vs. Lamprey, 13 Pick 382.—Melvin vs The Proprietors of Locks and Canals, 16 Pick. 137. — Powell & ux. vs. Monson & Brimfield Manuf. Co. 3 Mason, R 347. —Ed.]

Lufkin v. Curtis, 13 Mass. 223 (Mass. 1816).

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Opinion

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