139 P. 928 | Or. | 1914
Lead Opinion
delivered the opinion of the court.
“A woman being an alien shall not on that account be barred of her dower; and any woman residing out of the state shall be entitled to dower of the lands of her deceased husband lying in this state of which her husband died seised.”
And it is held that this statute has a negative operation, namely: That a woman residing out of the state shall be entitled to dower in lands only of which her husband died seised: Thornburn v. Doscher (C. C.), 32 Fed. 811. As applied to the case before us, the wives of the parties to the partition suit not made parties were nonresidents of this state. Hence the nonresident wives were not necessary parties to that suit, and the decree of partition operated as an alienation of the land by the tenants in common, except as to the tracts or parcels decreed to the husband of such woman.
The judgment will be reversed and the nonsuit granted. Reversed: Rehearing Denied'.
Rehearing
Denied April 21, 1914.
On Petition for Rehearing.
(140 Pac. 989.)
delivered the opinion of the court.
The petition is denied.
Reversed: Rehearing Denied.