Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 2

Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 2

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1895 edition. Excerpt: ...Rowland, 7 Blackf. 7. But if the petition were not objectionable, still thejudgment for the petitioners would be erroneous; the second plea being a valid defence. One objection made to this plea is, that the assignment of dower relied on is not alleged to be in writing. There is nothing in this objection. It is said in one of our oldest and best law-books, that "there needeth neither livery of seizin nor writing to any assignment of dower, because it is due of common right." Coke Litt. 35, a. And in one of the latest works on Real Property, the writer says, " dower may be assigned by parol, for the widow being entitled of common right, nothing is required but to ascertain her share; and when this is done, and she has entered, the freehold vests in her without livery of seizin or writing." 2 Crabb's Law Of Real Property, s. 1144. There is also a case in point, in which the Court use the following language: "This case turns entirely upon the question, whether an assignment of dower can be made by the heir, or other person liable to have it demanded of him, without an instrument of writing or deed, but no case has been cited to show that an instrument in writing or deed is necessary. It seems to be admitted by the counsel for the demandant, that but for the statute of frauds, an assignment without an instrument in writing or deed would be good, for his only answer to the authorities cited on the other side is, that they were before the passing of that statute. Now if an assignment was a conveyance from the heir to the widow, without doubt, since the statute, a deed or writing would be necessary; but it is not a conveyance; the widow holding her estate by law, and not by contract, wants nothing but to more

Product details

  • Paperback | 260 pages
  • 189 x 246 x 14mm | 472g
  • English
  • Illustrations, black and white
  • 1236807200
  • 9781236807205