Ferry v. Spokane, Portland & Seattle Railway Co.

Background

A widow living in New York sued to claim one-half of land in Oregon that was in the possession of a railway company. The federal district court dismissed her claim, the appellate court affirmed, and she appealed to the Supreme Court. The Oregon statutes discussed state that a widow is generally entitled to one-half part of her husband’s land and include provisions dealing with nonresidents and aliens.

Reasoning

The Court addressed whether a state law that limits dower rights violates federal protections in Article IV or the Fourteenth Amendment. The opinion explains that dower is not a federal privilege or immunity of citizenship and is instead a right created and regulated by state law. The Court relied on prior cases and on the long history of state regulation to conclude that the Oregon classification is appropriate. It held that the State may limit or withhold dower and may prescribe the grounds, including nonresidence, on which dower can be barred. The Court also noted that the Oregon rule serves to remove obstacles to transferring land and to protect titles against absent or unknown wives.

Real world impact

By affirming the lower courts, the decision upholds a state’s power to limit dower claims by women who live outside the state. That makes it easier for property owners and buyers to obtain clear titles and reduces the risk that an absent spouse unknown to the state can later assert a claim. The opinion treats dower as a statutory matter subject to state classification rather than a federally protected property right.