Crabb v. Pratt
Supreme Court of Alabama
Error to the Chancery Court at Mobile. Before the Hon. Jos. W. Lessene. The bill in this case was filed by plaintiff in error, as the widow of Geo. W. Crabb, deceased, to obtain an allotment of dower, in certain real estate, in the city of Mobile. It alleges her intermarriage with said Geo. W., prior to 1844, and Ms death in Aug. 1846. It further states, that in April 1844, said Geo.
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Error to the Chancery Court at Mobile. Before the Hon. Jos. W. Lessene. The bill in this case was filed by plaintiff in error, as the widow of Geo. W. Crabb, deceased, to obtain an allotment of dower, in certain real estate, in the city of Mobile. It alleges her intermarriage with said Geo. W., prior to 1844, and Ms death in Aug. 1846. It further states, that in April 1844, said Geo. W. and one William G. Jones, purchased the real estate in question, from the branch- bank at Mobile, for which they received a certificate, setting' forth, that titles were to be executed to them oil the full…
1Opinion of the CourtDargan, J.
At common law, a widow was entitled to dower in all the lands of which her husband was seized at any time during the coverture; but if the husband had not the legal title, but was only entitled to the use, his widow, after his death, could not be endowed of this use. By our statute, however, it is provided, that “where any person to whose use, or in trust for whose benefit, another is, or shall be seized of lands, tenements,, or hereditaments, hath, or shall have such an inheritance in the use, or trust, as that, if it had been a legal right, the husband or wife of such person would thereof…
2Cases cited1 opinion
- Lewis v. MoormanSupreme Court of Alabama · 1838
3Cited by2 opinions
- You v. FlinnSupreme Court of Alabama · 1859
- Mattox v. FeaganSupreme Court of Alabama · 1876