Smith v. Johnson
Supreme Court of Alabama
Appeal from the Probate Court of Barbour. IN the matter of the petition of Mrs. Anna E. Smith, formerly tlie widow of Emanuel Johnson, deceased, for an assignment of her dower in the lands of her said deceased husband.
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Appeal from the Probate Court of Barbour. IN the matter of the petition of Mrs. Anna E. Smith, formerly tlie widow of Emanuel Johnson, deceased, for an assignment of her dower in the lands of her said deceased husband. The decedent died on the 14th February, 1856, and the petition was filed on the Oth April, 1859. Y/illiam W. Johnson, who was the administrator and brother of the decedent, and who had possession of the lands in which dower was sought, contested the petitioner’s right to dower; contending that the decedent had aliened to him an undivided half interest in the lands, and that…
1Opinion of the CourtA. J. Walker, C. J.
ATI the objections made to the
appellant’s petition, rest, as their basis, upon the ground that the appellee was a purchaser from the appellant’s former husband, of a moiety of the land in which- dower is claimed. The purchase is claimed to have resulted from a contract made between the appellant’s deceased husband and the appellee, that the former should enter 1 lie laud#, under the act of congress entitled, “ an act to graduate and reduce the price of'the public lands to actual settlers and cultivators,” and that -the appellee should furuir.li the entrance-money; which-contract was followed…
2Cases cited3 opinions
- Tenison v. MartinSupreme Court of Alabama · 1848
- Dial v. HairSupreme Court of Alabama · 1851
- Kizer v. LockSupreme Court of Alabama · 1846
3Cited by4 opinions
- Baird v. HowisonSupreme Court of Alabama · 1908
- Moore v. Winston's Adm'rSupreme Court of Alabama · 1880
- Snodgrass v. ClarkSupreme Court of Alabama · 1870
- Scheible v. BachoSupreme Court of Alabama · 1868