Massachusetts Supreme Judicial Court, 1830

Kent v. County Commissioners for County of Essex

Massachusetts Supreme Judicial Court · Decided November 15, 1830

27 Mass. 521

Cases that cite this one

2 later published cases cite this decision.

Matter of Green v. Miller (N.Y. 1928)
Green v. Miller (N.Y. 1928)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

A question was now suggested, whether if the road was m fact laid out in the lifetime of the husband, he being seised of the estate in right of his wife, the damages were not rightly awarded to him-, as a chose in action accruing during the coverture, and whether as such they would not go to the adminis*533trator of the husband, and not to the widow.1 And it appearing that the estate was under administration, the Court directed that notice should be given to the administrator to appear and show cause against the claim of the petitioner.

The husband is entitled to the damages paid for land of his wife taken for a highway. Emerson v. Cutler, 14 Pick. 108, 118, 119. Such damages may now be secured to the wife, under Revised Stat. c. 77, § 17.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.