Messiter v. Wright
Messiter v. Wright
Opinion of the Court
delivered the opinion of the Court. The argument for the defendant is this ; if the husband was seised of a legal estate, during the coverture, and the plaintiff did not join in the mortgage, then her inchoate right of dower was not bound by her husband’s mortgage, and so she has a complete and adequate remedy at law, as well against the mortgagee and his assignee, as all other persons. And the Court are of opinion, that this view is correct; and as the statute gives a remedy in equity, in cases only where there is no plain, adequate and complete remedy at law, the bill cannot be sustained, unless it appears that there is no such remedy at law.
It is now too late to maintain, that a widow is not entitled in some form to a right of dower in an equity of redemption. It is often a valuable right, as where a large estate is subject to a small incumbrance. Snow v. Stevens, 15 Mass. R. 278. And this right she may pursue in equity, when she has no
Reference
- Full Case Name
- Sarah Ann Messiter versus Alexander Wright
- Status
- Published