Johnson v. Elliott
Supreme Court of Alabama
Writ of Error to the Court of Chancery for the first District. This bill is filed by Mrs. Elliott, against Johnson, and its object is, to obtain her dower, as well as to set aside a relinquishment made by her, of her dower interest in certain premises described in the bill, which it was alledged she was induced to execute after her husband’s death, without any consideration, by reason of certain false representations made to her by Johnson and by one Walker, who owned the…
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Writ of Error to the Court of Chancery for the first District. This bill is filed by Mrs. Elliott, against Johnson, and its object is, to obtain her dower, as well as to set aside a relinquishment made by her, of her dower interest in certain premises described in the bill, which it was alledged she was induced to execute after her husband’s death, without any consideration, by reason of certain false representations made to her by Johnson and by one Walker, who owned the premises, jointly with her husband, and who, after his death, administered on his estate. The estate was conveyed by her…
1Opinion of the CourtGoldthwaite, J.
1. As the decree settling the equities of the cause, provides for its own suspension until the bond is given which the statute requires, when the defendant is a non-resident, and as there is some doubt with us whether that confirming the master’s report, and directing the sale, is not to be considered as within the reservation of the other, we shall put our present decision on other points of the record.
2. The decree is erroneous in directing a sale of the entire estate conveyed by the husband, for the purpose of producing the sum ascertained by the master as the value of the complainant’s…
2Cases cited1 opinion
- Beavers v. SmithSupreme Court of Alabama · 1847
3Cited by5 opinions
- Springle's Heirs v. ShieldsSupreme Court of Alabama · 1850
- Fry v. Merchants' InsuranceSupreme Court of Alabama · 1849
- Francis v. GarrardSupreme Court of Alabama · 1851
- McGregor v. McGregorSupreme Court of Alabama · 1947
- Minge v. GreenSupreme Court of Alabama · 1912