Central Reporter; All Cases Determined in the Courts of Last Resort Volume 6

Central Reporter; All Cases Determined in the Courts of Last Resort Volume 6

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1887 edition. Excerpt: ...are as follows: 1. The reason of the rule which prevents the release of an inchoate right of dower to a stranger taking effect has no application to this case. The heirs of Jones were the interested parties, and as the transaction was between them and plaintiff, the estoppel was mutual. Where the reason of the rule fails the rule also fails. Fitzgerald v. Quann, 83 Hun, 655; Broom, Legal Max. 5th ed. 133 marg. 118. 2. The heirs had an expectant interest in his estate. He had not made a will, and could not. because he was a lunatic and died but a short time afterwards. They therefore were not in any sense strangers to the title, but they were persons interested in the title, and being such, the plaintiff's release of her inchoate right of dower became operative at the death of Jones. 8. Furthermore, the marriage of plaintiff was at most voidable, and at the time of the settlement in question an action was pending for the purpose of having its nullity declared. This action was properly brought in the name of Jones by his committee under the direction of the court. The statute provides that the marriage may be declared void on the application of either party during the lifetime of the other. 3 R. 8. 6th ed. 153, 86; Code Civ. Pro. 1745. A lunatic loses none of his estate rights by the appointment of a committee. All actions, except those expressly authorized to be brought in the name of the committee, must be brought by him in the name of the lunatic. There is no authority for maintaining an action to annul the marriage of a lunatic in the name of the committee. Consequently the action must be brought in the name of the lunatic by his committee. Laws 1845, chap. 112, 2; Code Civ. Pro. 449; McKillip v. McKillip, 8 Barb....show more

Product details

  • Paperback | 990 pages
  • 189 x 246 x 50mm | 1,728g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236631080
  • 9781236631084