Dake v. Sewell
Supreme Court of Alabama
Appeal from Olierokee Circuit Court. Heard before Hou. J. A. Bilbro. J. A. Sewell died seized and possessed of 235 acres of land of value more than two thousand dollars. The widow had dower assigned in the land and it being reduced to 1G0 acres,, petitioned the probate court to set the remainder apart for a homestead. There was no administration on the estate.
Read the full summary
Appeal from Olierokee Circuit Court. Heard before Hou. J. A. Bilbro. J. A. Sewell died seized and possessed of 235 acres of land of value more than two thousand dollars. The widow had dower assigned in the land and it being reduced to 1G0 acres,, petitioned the probate court to set the remainder apart for a homestead. There was no administration on the estate. The court granted the petition of the widow and set the remainder of the land after the dower interest had been carved out apart as a homestead to the widow and minor child. Several of the children filed suit against the tenants of the…
1Opinion of the CourtAnderson, J.
The husband, J. A. Sewell, being the OAvner at the time of his death of 235 acres of land and OA'er $2,000 in value, the widow could acquire no title to it as a homestead, unless it be set apart to her in the course of administration upon her husband’s estate, and tbe probate court Avas Avithout jurisdiction to decree her the homestead before administration. — Brooks v. Johns, 119 Ala. 412, 24 South. 345 ; Chamblee v. Cole, 128 Ala. 649, 30 South. 630. The statutes permitting a selection by the aaíaIoav or authorizing j;he homestead to be set apart before1 administration are only applicable…
2Cases cited8 opinions
- Chamblee v. ColeSupreme Court of Alabama · 1900
- Thompson v. ThompsonSupreme Court of Alabama · 1894
- Whitlow v. EcholsSupreme Court of Alabama · 1884
- Nicrosi v. PhillipiSupreme Court of Alabama · 1890
- Brooks v. JohnsSupreme Court of Alabama · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Smith v. BachusSupreme Court of Alabama · 1915
- Chamboredon v. FayetSupreme Court of Alabama · 1912
- Jenkins v. Woodward Iron Co.Supreme Court of Alabama · 1915
- Delfelder v. Teton Land & Investment Co.Wyoming Supreme Court · 1933
- Beck v. KarrSupreme Court of Alabama · 1923
7 more not listed; retrieve them via the Exa API.