Page images
PDF
EPUB

Woman not to commit waste;

etc., in repair.

deceased husband, lying in this State, of which her husband died seized, and the same may be assigned to her, or recovered by her, in like manner as if she and her deceased husband had been residents within the State at the time of his death.

(2793.) SEC. 22. No woman, who shall be endowed of any to keep houses, lands, shall commit or suffer any waste on the same; but every woman so endowed shall maintain the houses and tenements, with the fences and appurtenances in good repair, and shall be liable to the person having the next immediate estate of inheritance therein for all damages occasioned by any waste committed or suffered by her.

How long Widow may remain in

(2794.) SEC. 23. A widow may remain in the dwelling house dwelling house, of her husband one year after his death, without being chargeable with rent therefor, and shall have her reasonable sustenance out of his estate for one year.

and have sustenance.

When to recover damages.

Measure of damages, etc.

Not on improvements.

Damages against heir alienating Land, etc.

(2795.) SEC. 24. Whenever, in any action brought for the purpose, a widow shall recover her dower in lands of which her husband shall have died seized, she shall be entitled also to recover damages for the withholding of such dower.

(2796.) SEC. 25. Such damages shall be one-third part of the annual value of the mense profits of the lands in which she shall so recover her dower, to be estimated in a suit against the heirs of her husband, from the time of his death; and in suits against other persons from the time of her demanding her dower of such persons.

(2797.) SEC. 26. Such damages shall not be estimated for the use of any permanent improvements made after the death of her husband, by his heirs, or by any other person claiming title to such lands.

(2798.) SEC. 27. When a widow shall recover her dower in any lands alienated by the heir of her husband, she shall be entitled to recover of such heir, in an action on the case, her damages for withholding such dower, from the time of the death of her husband to the time of the alienation by the heir, not exceeding six years in the whole; and the amount which she shall be entitled to recover from such heir, shall be deducted from the amount she would otherwise be entitled to recover from such grantee, and any amount recovered as damages from such grantee, shall be deducted from the sum she would otherwise be entitled to recover from such heir. (2799.) SEC. 28. When the widow shall have accepted an ment of Dower. assignment of dower, in satisfaction of her claim upon all the lands of her husband, it shall be a bar to any further claim of

Claim, when barred by assign

dower against the heir of such husband, or any grantee of such heir, or any grantee of such husband, unless such widow shall have been lawfully evicted of the lands so assigned to her as aforesaid.

ery not to preju

etc.

(2800.) SEc. 29. When a widow not having right to dower, Collusive recov shall, during the infancy of the heirs of the husband, or any dice Infant Heirs, of them, or of any person entitled to the lands, recover dower by the default or collusion of the guardian of such infant heir or other person, such heir or other person so entitled shall not be prejudiced thereby, but when he comes of full age, he shall have an action against such widow, to recover the lands so wrongfully awarded for dower.

An Act to Amend the Revised Statutes of Eighteen Hundred and Forty-Six, in Relation to the
Assignment of Dower.

[Approved March 16, 1847. Laws of 1847, p. 73.]

may be awarded

(2801.) SECTION 1. Be it enacted by the Senate and House of When Money Representatives of the State of Michigan, That in any suit in lieu of Dower. hereafter to be commenced by any widow for the recovery of dower in lands, which were aliened by her husband in his lifetime, and where dower cannot be assigned therein by metes and bounds without injustice or manifest injury to the widow, or to the owner or owners, or person or persons in possession thereof, or some one of them, the Court having cognizance of the matter may award and adjudge a sum of money in lieu of dower to be paid to the widow, or may assign to her, as tenant in common, a just proportion of the rents, issues and profits of said lands, regard being had in all cases to the true value of the lands at the time of such alienation by the husband, and of the probable duration of the life of the doweress, at the time such sum of money shall be adjudged, or such rents, issues and profits shall be assigned to her.

claimed by two

who first entitled.

(2802.) SEC. 2. Where dcwer in any lands may be claimed when Dower by two or more widows, the one whose husband was first or more Widows, seized therein shall be first entitled thereto; and in all cases where dower in any land shall have been assigned, or where it shall appear that the owner or owners, or person or persons having an interest therein, shall have made full satisfaction to, and has obtained a discharge from the person recovering or having a prior right to dower therein, by reason of the prior seizen of her husband, the said land shall not be subject

When Hus band

to hold as Tenant

to any other claim for dower during the lifetime of the person so recovering, or who has received satisfaction and given a discharge as aforesaid.

SEC. 3. This act shall take effect and be in force from and after its passage.

From Chapter Sixty-Six of Revised Statutes of 1846.

ESTATES BY THE CURTESY.

(2803.) SEC. 30. When any man and his wife shall be seized by the Curtesy. in her right of any estate of inheritance in lands, the husband 2 Mich. Rep., 93. shall, on the death of his wife, hold the lands for his life, as tenant thereof by the curtesy: Provided, that if the wife, at her death, shall leave issue by any former husband, to whom the estate might descend, such issue shall take the same, discharged from the right of the surviving husband to hold the same as tenant by the curtesy. (b)

[blocks in formation]

Liability of per

sun in possession

From Chapter Sixty-Six of Revised Statutes of 1846.

(2804.) SEC. 31. Every person in possession of land, out of

of land out of which any rent is due, whether it was originally demised in

(b) See Chapter 109; Section 27, of Chapter 85, R. S. of 1846.

served.

fee, or for any other estate of freehold, or for any term of which rent is reyears, shall be liable for the amount or proportion of rent due 17 Mass., 440. from the land in his possession, although it be only a part of what was originally demised.

ered.

(2805.) SEC. 32. Such rent may be recovered in an action of How rent recov debt or assumpsit, and the deed of demise, or other instrument in writing, if there be any showing the provisions of the lease, may be used in evidence by either party to prove the amount due from the defendant.

preceding Sec

(2806.) SEC. 33. Nothing contained in the preceding sections Construction of hall deprive landlords of any legal remedy for the recovery tions. of their rents, whether secured to them by their leases, or provided by law.

estates at will,

ance.

(2807.) SEC. 34. All estates at will or by sufferance, may be Determination of determined by either party, by three months' notice given to and by suffer. the other party; and when the rent reserved in a lease at will is payable at periods of less than three months, the time of such notice shall be sufficient, if it be equal to the interval 17 Mass., 252. between the times of payment; and in all cases of neglect or 2 Pick., 70. refusal to pay the rent due on a lease at will, fourteen days' 2 Gray, 226, 336. notice to quit, given in writing by the landlord to the tenant, shall be sufficient to determine the lease.

1 Pick., 43.

6 Pick., 339.

Land, etc.

p. 16, 45.

Rev. of 1827, p.

(2808.) SEC. 35. Any alien may acquire and hold lands, or Aliens may hold any right thereto or interest therein, by purchase, devise or Woodward Code, descent, and he may convey, mortgage and devise the same, Cass Code p. 32. and if he shall die intestate, the same shall descend to his heirs ; 272. and in all cases such lands shall be held, conveyed, mortgaged or devised, or shall descend in like manner, and with like effect, as if such alien were a native citizen of this State, or of the United States.

heretofore con

(2809.) SEC. 36. The title to any lands heretofore conveyed Title to Lands shall not be questioned, nor in any manner affected, by reason veyed, not to be of the alienage of any person from or through whom such count of alienage. title may have been derived.

questioned on ac

etc., may sue for

(2810.) SEC. 37. A person seized of an estate in remainder Remainder- ma n or reversion, may maintain an action of trespass on the case, injuries to inherfor any injury done to the inheritance, notwithstanding any intervening estate for life or years.

itance.

ant may main

against co-ten

ant.

(2811.) SEC. 38. One joint tenant or tenant in common, and When joint tenhis executors or administrators, may maintain an action fortain action money had and received, against his co-tenant, for receiving more than his just proportion of the rents or profits of the estate owned by them as joint tenants or tenants in common.

[blocks in formation]

Mass. R. S., Ch. 61.

How Land, etc., to descend.

Chapter Sixty-Seven of Revised Statutes of 1846. (a)

(2812.) SECTION 1. When any person shall die seized of any lands, tenements or hereditaments, or of any right thereto, or entitled to any interest therein, in fee simple, or for the life of another, not having lawfully devised the same, they shall descend subject to his debts, in manner following:

1. In equal shares to his children, and to the issue of any deceased child by right of representation; and if there be no

(a) For prior laws relative to Title by Descent, see Code of 1820, p. 29; Revision of 1827, p. 64; Code of 1833, p. 308; R. S. 1838, p. 267.

« PreviousContinue »