TaiLexi AI U.S. Case Law

Strong v. Bragg

Strong and Others v. Bragg and Another

Strong v. Bragg, 7 Blackf. 62 (1844)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Indiana Supreme Court · State Highest Courts
Decided
January 23, 1844
Judges
Blackford
Citations
7 Blackf. 621844 Ind. LEXIS 26
Headnotes
A widow cannot mortgage her dower until it be assigned to her.
Summary
ERROR to the Union Circuit Court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Blackford

Text extracted by OCR from a scanned original; check the original for exact wording.

Blackford, J.

— Bill in chancery, filed by Bragg and another, to foreclose the equity of redemption in a mortgage of a right of dower; the dower not appearing to have been assigned. Decree for the complainants.

This decree must be reversed for want of equity in the bill. Before assignment, a title to dower is only a right of action, and transferable only by release to the terre-tenant by way of extinguishment. Park on Dower, 335. The widow has no estate in the land until her dower is assigned, for the law casts the freehold on the heir immediately upon the death of the ancestor. 1 Cruise, 158. She cannot enter for'her dower until it be assigned her, nor can she alien it so as to enable the grantee to sue for it in his own name. 4 Kent’s Comm. 61. It seems necessarily to follow from the doctrine above stated, that a widow cannot, before assignment, mortgage her right of dower.

Per Curiam.■

— The decree is reversed with costs. Cause remanded, &c.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1857–1858: 11859–1860: 11883–1884: 11897–1898: 11899–1900: 118572026peak 1857 · 1

Relies on it most ⓘ

  1. Strong v. Clem12 Ind. 37 (1859)
  2. Haggerty v. Wagner39 L.R.A. 384 (Ind. 1897)
  3. Paulus v. Latta93 Ind. 34 (1884)
  4. Murray v. Cazier53 N.E. 476 (Ind. Ct. App. 1899)
  5. Matlock v. Lee9 Ind. 298 (1857)

Most recent

  1. Murray v. Cazier53 N.E. 476 (Ind. Ct. App. 1899)
  2. Haggerty v. Wagner39 L.R.A. 384 (Ind. 1897)
  3. Paulus v. Latta93 Ind. 34 (1884)
  4. Strong v. Clem12 Ind. 37 (1859)
  5. Matlock v. Lee9 Ind. 298 (1857)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list