Excerpt from The American State Reports, Vol. 36: Containing the Cases of General Value and Authority, Subsequent to Those Contained in the "American Decisions" And the "American Reports," Decided in the Courts of Last Resort of the Several States

It was a conceded fact in the cause that the part of tract that was to be secured by Fellows was of much gre market value than the entire tract while rem the servitude in favor of the upon the face of the record, t action, the right of dower of Mrs. Fellows in the land covered will be worth many times what her right of was worth before the arrangement with Brown had made by her husband. Unless there is a recovery-her of dower. Is absolutely gone.

The logical result of the ruling in the court below is to punish the husband for divesting his wife's dower interest in one-third of the land without her consent, by extinguishing her dower in the other two-thirds. The assignments of error relating to the second question, the effect of the arrangement between Brown and Fellows on Mrs. Fellows, are sustained. This case was improperly taken from the jury. Mrs. Fellows was not defrauded, but benefited, against her will, if the facts be as they seem to be conceded to be. As to the effect of the arrangement with the railroad company on the value of the two thirds that remained to Fellows, and the fact that Fel lows has increased the value of his wife's dower many times over, against her will or even in the face of her protest, is no reason why the doors of a court of justice should be closed against him, and he refused a hearing upon the merits of his cause of action. We express no opinion upon the facts, for they are before us only as they relate to the legal questions presented. A jury must pass upon them. So far as we can now see, the question on which this case turned upon the trial is not an important one. The first and third questions, i. E., the relation existing between Brown and Fellows under their contract to employ Brown's mortgage to make title to the railroad company, and so secure to Fellows a portion of his land in a marketable state of the title, and the position of Loomis as assignee of the mortgage, and the purchaser at sheriff 's sale, are the questions on which this case depends, and it goes back that it may be tried upon them.

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