Wood v. Morgan
Supreme Court of Alabama
Appeal from tbe Chancery Court of Autauga. Heard before tbe Hon. Charles Turner. The bill iu this case was filed on tbe 20th July, 1874, by Mrs. Ellen E. Morgan, tbe widow of Isaac C. Morgan, deceased, against John A. Wood and Stephen H. Wood; and sought an assignment of dower, or compensation in lieu of dower, in certain lands of which. tbe said Isaac C. Morgan •was seized and possessed during the coverture, and which were sold under execution against him, the defendants…
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Appeal from tbe Chancery Court of Autauga. Heard before tbe Hon. Charles Turner. The bill iu this case was filed on tbe 20th July, 1874, by Mrs. Ellen E. Morgan, tbe widow of Isaac C. Morgan, deceased, against John A. Wood and Stephen H. Wood; and sought an assignment of dower, or compensation in lieu of dower, in certain lands of which. tbe said Isaac C. Morgan •was seized and possessed during the coverture, and which were sold under execution against him, the defendants becoming the purchasers. The sale under execution was made on the 1st Monday in May, 1870. The said Isaac C. Morgan died,…
1Opinion of the CourtStone, J.
-Courts of equity entertain concurrent jurisdiction with courts of law, in the assignment of dower, in all cases. This jurisdiction is not affected by the statutes conferring jurisdiction on courts of probate.— Francis v. Garrard, 18 Ala. 794; Owen v. Slatter, 26 Ala. 547; Brooks v. Woods, 40 Ala. 538; Irvine v. Armistead, 46 Ala. 363. And equity alone has jurisdiction to decree compensation in lieu of an assignment of dower by metes and bounds. — Barney v. Frowner, 9 Ala. 901; Beavers v. Smith, 11 Ala. 20; Smith v. Smith, 13 Ala. 329; Thrasher v. Pinckard, 23 Ala. 616 ; Irvine v. Armistead,…
2Cases cited12 opinions
- Owen v. SlatterSupreme Court of Alabama · 1855
- Beavers v. SmithSupreme Court of Alabama · 1847
- Smith's Heirs v. Smith's Adm'rSupreme Court of Alabama · 1848
- Ware v. OwensSupreme Court of Alabama · 1868
- Barney v. FrownerSupreme Court of Alabama · 1846
7 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Tygh v. DolanSupreme Court of Alabama · 1891
- Hale v. CoxSupreme Court of Alabama · 1941
- Butler v. FitzgeraldNebraska Supreme Court · 1895
- Yarbrough v. YarbroughSupreme Court of Alabama · 1917
- Robinson v. AllisonSupreme Court of Alabama · 1899
11 more not listed; retrieve them via the Exa API.