Lipscomb v. DeLemos
Supreme Court of Alabama
Appeal from Lowndes Chancery Court. Heard before Hon. Jno. A. Fostee. The bill in this cause was filed on 20tb September, 1880, by Emma C. Lipscomb against Benjamin DeLemos, seeking dower in certain lands, as the widow of Natban L. Lipscomb, who died in May, 1879. The material facts, as shown by the record, are, that Nathan L. Lipscomb, complainant’s husband, purchased from Nathan L. Brooks, on 8th January, 1859, the lands in which dower is sought, on a credit and gave his…
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Appeal from Lowndes Chancery Court. Heard before Hon. Jno. A. Fostee. The bill in this cause was filed on 20tb September, 1880, by Emma C. Lipscomb against Benjamin DeLemos, seeking dower in certain lands, as the widow of Natban L. Lipscomb, who died in May, 1879. The material facts, as shown by the record, are, that Nathan L. Lipscomb, complainant’s husband, purchased from Nathan L. Brooks, on 8th January, 1859, the lands in which dower is sought, on a credit and gave his notes for the purchase-money, the last of which became due on 1st January, 1861, and received from Brooks a bond for…
1Opinion of the CourtSomerville, J.
This is a petition for dower by the appellant, the right being claimed in certain lands purchased by her husband from one Brooks in the year 1859. It is claimed that the husband, during his lifetime, owned a perfect equity in these lands, and that, although no conveyance was made to him of the legal title, the wife is entitled to dower.
The proposition is conceded by appellee’s counsel, that if the husband, at the time of his death, had a perfect equity in the lands, having during his life time paid all the purchase-money, the widow is entitled to dower under the provisions of section 2232 of…
2Cases cited1 opinion
- Boyd v. HarrisonSupreme Court of Alabama · 1860
3Cited by8 opinions
- Erhart v. DietrichSupreme Court of Missouri · 1893
- Potts v. ColemanSupreme Court of Alabama · 1888
- Mynes v. MynesWest Virginia Supreme Court · 1900
- Arnold v. ArnoldSupreme Court of Alabama · 1899
- Phillips v. AdamsSupreme Court of Alabama · 1884
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