Lund v. Woods
Lund v. Woods
Opinion of the Court
This was a bill in equity to redeem a mortgage in the right of the wife, and the defendant admits that James Blood, her first husband, was seized of a right in equity to redeem the mortgaged premises, during her coverture with him ,• but he denies that she ever was or now is entitled to dower. He admits, however, that she has never released her right of dower, but avers that on the 30th day of May 1833 the mortgage was foreclosed, by the entry of Edmund Page, the mortgagee, (from whom the defendant derives his title,) with the consent of the said James Blood, and that he and the defendant have had possession ever since. But we think it very clear, from the facts, that the plaintiffs cannot be barred by any such entry, unless notice was given to the widow, after the death of her first husband; and that an entry for the purpose of foreclosing the mortgage, after the mortgagee had purchased the equity of the said Blood, was inoperative. It was, indeed, an absurdity. Page had the whole estate. The plaintiff’s right was then conditional and inchoate, and was only perfected by her surviving her husband. She therefore could not be barred of her claim, unless she had notice,
Reference
- Full Case Name
- William P. Lund & wife v. Varnum Woods
- Status
- Published