Lively v. Paschal
Supreme Court of Georgia
In Equity. In Putnam Superior Court. Bill praying the assignment of dower. Tried before Judge A. Reese-September Term, 1866. This bill was filed in August, 1862, by the plaintiff in error, against the intestate of defendant in error, to obtain dower out of the lands of which Lewis P. Harwell, a former husband of Mrs. Lively, the plaintiff in error, died seized; which lands Paschal, the defendant in the Jull, claimed as a purchaser after Harwell’s death from one acting as,…
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In Equity. In Putnam Superior Court. Bill praying the assignment of dower. Tried before Judge A. Reese-September Term, 1866. This bill was filed in August, 1862, by the plaintiff in error, against the intestate of defendant in error, to obtain dower out of the lands of which Lewis P. Harwell, a former husband of Mrs. Lively, the plaintiff in error, died seized; which lands Paschal, the defendant in the Jull, claimed as a purchaser after Harwell’s death from one acting as, and supposed to be, his executor. The fact that induced the demandant to proceed in Equity, rather than in a Court of law,…
1Opinion of the CourtHarris, J.
The many and strong cases cited and read by counsel for plaintiff in error, illustrate unmistakably the leaning of Courts in behalf of widows in claims to dower. We are not willing to add another, at least this case, to the long catalogue which evinces so palpably the weakness of even the Bench when a woman is a suitor. She is in a Court of Equity; the fundamental maxim upon which it gives relief is, that the party who asks equity must do equity. Acting on this rule, we must discard and throw out of -this case all of these arbitrary technicalities which stand in the way of administering…
2Cited by2 opinions
- Hill v. BolandCourt of Appeals of Maryland · 1915
- Chambers v. PierceWest Virginia Supreme Court · 1923