Owen v. Slatter
Supreme Court of Alabama
Appeal from the Chancery Court at Mobile. Heard before the Hon. Wade Keyes. Tris bill was filed by Mrs. Louisa S. Owen against Hope H. Slatter and Mrs. Ann P. Holly, on the 7th February, 1853, to obtain an assignment of her dower in certain city lots in Mobile, of which George W. Owen, her deceased.husband, died seized and possessed, and which were sold on the 15tli February, 1841, under an order of the Orphans’ Court of Mobile, on the application of complainant as…
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Appeal from the Chancery Court at Mobile. Heard before the Hon. Wade Keyes. Tris bill was filed by Mrs. Louisa S. Owen against Hope H. Slatter and Mrs. Ann P. Holly, on the 7th February, 1853, to obtain an assignment of her dower in certain city lots in Mobile, of which George W. Owen, her deceased.husband, died seized and possessed, and which were sold on the 15tli February, 1841, under an order of the Orphans’ Court of Mobile, on the application of complainant as administra-trix of her deceased husband ; and at this sale E. Lockwood became the purchaser, and afterwards conveyed by deed to…
1Opinion of the Court
CHILTON, 0. J.
—1. The sale of the real estate, made under decree of the Probate Court, vests in the purchasers only the title which the ancestor had, and which upon his death descended upon his heirs-at-law. The widow’s right to dower is unaffected by the sale, unless, indeed', she bars her right by some act which', in a court of equity, would constitute it a fraud in her to insist upon it.
The facts of the case before us do not make out such a bar. True, the widow, in this case is administratrix; but the law prescribes her duties, and so long as she acts within the scope of those duties, it…
2Cases cited4 opinions
- Perkins' Exr's v. Winter's Adm'rxSupreme Court of Alabama · 1845
- Garner v. JohnsonSupreme Court of Alabama · 1853
- Snyder v. WarrenNew York Supreme Court · 1824
- Fairbanks v. WoodNew York Supreme Court · 1837
3Cited by34 opinions
- Bemis v. LeonardMassachusetts Supreme Judicial Court · 1875
- Lindsay v. CooperSupreme Court of Alabama · 1891
- Black v. Pratt Coal & Coke Co.Supreme Court of Alabama · 1888
- Martin v. MartinSupreme Court of Alabama · 1860
- Andrews v. Huckabee's Adm'rSupreme Court of Alabama · 1857
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