Boynton v. Sawyer
Supreme Court of Alabama
Appeal from tbe Circuit Court of Dallas. Tried before the lion. Nat. Cook. Ttttr action was brought by Leontine Sawyer and Martha B., his wife, against Henry B. Boynton, and was commenced on the 81st March, 1858. The complaint contained two counts; the first claiming §8,000 of the defendant, “for the use and occupation by him of a certain tavern-house in the town of Cahaba, known as the ‘Burnett House,’ with certain stables appurtenant thereunto, and several store-rooms,…
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Appeal from tbe Circuit Court of Dallas. Tried before the lion. Nat. Cook. Ttttr action was brought by Leontine Sawyer and Martha B., his wife, against Henry B. Boynton, and was commenced on the 81st March, 1858. The complaint contained two counts; the first claiming §8,000 of the defendant, “for the use and occupation by him of a certain tavern-house in the town of Cahaba, known as the ‘Burnett House,’ with certain stables appurtenant thereunto, and several store-rooms, shops and offices in said building,” which were alleged to be the property of Mrs. Sawyer, and to have been used and…
1Opinion of the CourtR. W. Walker, J.
1. Where the husband takes, *500during coverture, a conveyance in fee, and at the same time mortgages the land back to the grantor, or to a third person, to secure the purchase-money, in whole or in part, the widow is not,as against the mortgagee and those claiming under him, entitled, in a court of law, to dower in the land. But, as to all the world beside, the equity of redemption is equivalent to the estate in fee ; and hence the widow has a legal' right to her dower in the land, against all persons except the mortgagee and those making title under his mortgage. In such case, she takes her…
2Cases cited13 opinions
- Pickens v. OliverSupreme Court of Alabama · 1857
- Bell v. Mayor of New-YorkNew York Court of Chancery · 1843
- Eslava v. LepretreSupreme Court of Alabama · 1852
- Doe ex dem. Shelton v. CarrolSupreme Court of Alabama · 1849
- Denton v. NannyNew York Supreme Court · 1850
8 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Whitehead v. BoutwellSupreme Court of Alabama · 1928
- Mutual Building & Loan Ass'n v. WatsonSupreme Court of Alabama · 1933
- Flinn v. BarberSupreme Court of Alabama · 1879
- Scott v. WareSupreme Court of Alabama · 1880
- Hale v. CoxSupreme Court of Alabama · 1941
17 more not listed; retrieve them via the Exa API.