Taggart v. Wade

Summary

This case considers whether a wife who was not personally served in a foreclosure action can maintain an action to protect her inchoate right of dower during her husband's lifetime. The court holds that the wife has a right to redeem the mortgaged premises to protect her inchoate dower interest, distinguishing prior case law. The judgment is affirmed.

Holdings

1. A wife who was not personally served in a mortgage foreclosure has an inchoate right of dower that gives her the right to maintain an action to redeem the premises during her husband's lifetime.

Questions Presented

1. Whether a wife who was not served in a mortgage foreclosure can maintain an action to redeem the premises based on her inchoate right of dower during her husband's lifetime.

Disposition

affirmed