Smith v. Shaw
| Decision Date | 30 November 1889 |
| Citation | 150 Mass. 297,22 N.E. 924 |
| Parties | SMITH v. SHAW. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
November 30, 1889
HEADNOTES
Louis A. Cook and
Wm. J. Coughlan, for plaintiff.
Simmons & Pratt. for defendant.
The demandant is the sole heir of David Gloyd, who died in 1836, seised of the land demanded, leaving one child, the demandant, and a widow, the mother of the demandant. The widow was entitled to dower in the land, but her dower was never assigned to her, and she conveyed the land in 1849 by warranty deed to one Ford, from whom, by mesne conveyances, it has come to the tenant. The widow died in 1879. The tenant and those under whom she claims have been in adverse possession of the land since 1849. The demandant asked the court to rule "that the statute of limitations did not run against the demandant until the death of the mother." The court refused to give this ruling, and ruled, "that, as there was no evidence that the dower had ever been set off to the mother, the statute of limitations ran against the demandant before the death of the mother." A widow, before her dower has been assigned to her, has no estate in the lands of her deceased husband Windham v. Portland, 4 Mass. 384, 388 Sheafe v. O'Neil, 9 Mass. 13; Gooch v. Atkins, 14 Mass. 378; Hildreth v. Thompson, 16 Mass. 190; Croade v. Ingraham, 13 Pick. 33 McMahon v. Gray, ante, 923, (1889.) There was, therefore, after the death of David Gloyd, and before the demandant, as his heir, was entitled to possession, never any intervening estate within the meaning of Pub.St. c. 196, § 3, cls. 2, 3. Exceptions overruled.
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