Kern v. Kern

Citations

• 24 Ohio C.C. Dec. 22

Syllabus

<p>DOWER — MORTGAGES.</p> <p>1. Mortgage Condition Broken before Marriage, Widow is Dowable out of Surplus after Mortgage Paid, not of Entire Purchase Money.</p> <p>Where land is mortgaged by the husband and the condition is broken before marriage and after marriage the husband dies, upon sale of the land by his administrator for payment of his debts, and the proceeds of the sale of the mortgaged land are large enough to pay the mortgage debt and leave a surplus sufficient to allow the widow dower in the entire proceeds, held that the widow is only dowable of the surplus proceeds after paying the mortgage debt and not out of the entire purchase money.</p> <p>.2. Husband not Seized of Estate of inheritance.</p> <p>The husband was not seized of an estate of inheritance during coverture in the land, and at the time of his death he owned but an equity therein.</p> <p>:3. Dower Measured by interest of Deceased Consort.</p> <p>The widow’s right to dower in the land of her deceased husband is to he measured by his interest therein, and can rise no higher.</p> <p>-4. Mortgage Condition Broken Legal Title is in Mortgagee.</p> <p>The condition in the mortgage having been broken before marriage, the legal title at that time was in the mortgagee.</p> <p>[Syllabus approved by the court.]</p>