
    No. 715
    ROHN v. LEACH
    Ohio Appeals, 3rd District, Defiance County
    No. 39.
    Decided Feb. 8, 1923
    This opinion has not been published except in Abstract.
    153. DOWER.
    Contract for sale of real estate before marriage transfers- equitable interest and no dower attaches upon marriage.
    Attorneys — -Vail & Simpson, Harris & Shaw, for Rohn; J. P. Cameron, Winn & Goller, R. H. Sutphen, for Leach.
   WARDEN, J.

Epitomized Opinion

Prior to his marriage Rohn entered into a contract for the sale of part of his land to Leach and a part to Spangler. Leach took possession of the land and Spangler did not. After his marriage Rohn executed warranty deeds to Leach and Spang-ler describing himself therein as an unmarried man. Neither Leach nor Spangler knew that Rohn was married. Lola Rohn never released her dower interest in this property. After Rohn’s death in 1920 Mrs. Rohn brought this action for the assignment of dower. In deciding that she was not entitled to dower, the Court of Appeals held:

1. By the contract of the sale of the lands the equitable interest was vested in the purchaser and therefore no dower attached to the lands upon the subsequent marriage of the vendor. 2 OS. 416; 20 OS. 68.  