Legal Opinion

Barnes v. Carson

Supreme Court of Alabama

Decided December 15, 1877PublishedCited by 3 opinions

Appeal from the Chancery Court of Lowndes. Heard before the Hon. Hueiosco Austell. On the 26th day of May, 1874, Kate M. Carson, the widow of Thomas A. Carson, filed a bill of complaint'in the Chancery Court of Lowndes county, against Lloyd Barnes, James H. Hickson, George W. Bender, Moritz Meyer and Adolph Elkan.

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Appeal from the Chancery Court of Lowndes. Heard before the Hon. Hueiosco Austell. On the 26th day of May, 1874, Kate M. Carson, the widow of Thomas A. Carson, filed a bill of complaint'in the Chancery Court of Lowndes county, against Lloyd Barnes, James H. Hickson, George W. Bender, Moritz Meyer and Adolph Elkan. The complainant prayed that dower, in the lands ■described in the bill, “be allotted to her by metes and bounds; and that one-third in quantity and value of said lands be allotted to her; and that an account be taken of the rents and profits, and one-third thereof be decreed to her,…

1Opinion of the Court

MANNING, J.—

At the hearing, the chancellor held that ■complainant was entitled to dower in the land described in the bill, unless she had a statutory separate estate equal in value to her dower interest; and that there should be a reference to the register as master, to inquire into and report at the next term of the court, upon the matter of complainant’s .separate estate, and the value of such dower. A decree was made accordingly; and upon the coming in of the master’s report, a decree was passed at a subsequent term, granting the dower prayed for.

The only objections assigned to the decree…

2Cited by3 opinions

  1. Lytle v. RobertsonSupreme Court of Alabama · 1936
  2. Bradford's Adm'r v. BradfordSupreme Court of Alabama · 1880
  3. Simmons v. JonesSupreme Court of Alabama · 1887

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