Edmondson v. Welsh
Supreme Court of Alabama
■Appeal from the Chancery Court of Montgomery. Heard before the Hon. James B. Clark. This bill was filed by the appellant, Mrs. Eliza Jane Ed-mondson, to enforce a claim to dower, as the widow of John Edmondson, deceased, in certain lots in the city of Montgomery, of which (as the bill alleged) said Edmondson was seized during the coverture, and which were in the defendants’ possession at the filing of the bill.
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■Appeal from the Chancery Court of Montgomery. Heard before the Hon. James B. Clark. This bill was filed by the appellant, Mrs. Eliza Jane Ed-mondson, to enforce a claim to dower, as the widow of John Edmondson, deceased, in certain lots in the city of Montgomery, of which (as the bill alleged) said Edmondson was seized during the coverture, and which were in the defendants’ possession at the filing of the bill. The bill and exhibits show that the lots were conveyed to Edmondson by Wilkinson & Hunt, by deed absolute on its face, with covenants of warranty, dated May 31, 1824; and that they…
1Opinion of the CourtChilton, C. J.
1. It is well settled that, to entitle.the wife to dower, the husband must have been beneficially seized to his own use, during the coverture, of the land out of which it is claimed. If it be so vested but for a moment, provided the husband is not the mere conduit for passing the title, the right of dower attaches. — 4 Kent’s Com. 37-8, (ed. 1854); Eslava v. Lepretre, 21 Ala. 504; 1 Greenl. Cruise, 171-2, and notes.
2. It is'also the settled law in this State, whatever it may be held elsewhere, that parol evidence is admissible to show the fraudulent use of a deed, or that a party receiving an…
2Cases cited5 opinions
- Eslava v. LepretreSupreme Court of Alabama · 1852
- Saltmarsh v. BeeneSupreme Court of Alabama · 1837
- Strong v. GregorySupreme Court of Alabama · 1851
- Edmondson v. MontagueSupreme Court of Alabama · 1848
- Embree v. Norris & KeithSupreme Court of Alabama · 1841
3Cited by8 opinions
- Buell v. Buckingham & Co.Supreme Court of Iowa · 1864
- Pridgen v. . PridgenSupreme Court of North Carolina · 1925
- Roy & Co. v. Scott, Hartley & Co.Washington Supreme Court · 1895
- Wade & Hughes v. OdleCourt of Appeals of Texas · 1899
- Williams v. HatchSupreme Court of Alabama · 1862
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