Potier & McCoy v. Barclay
Supreme Court of Alabama
Error to the Court of Chancery of the 1st District. Before the Hon. A. Crenshaw, Chancellor. This bill was filed by Josephine Barclay against the plaintiffs in error, for dower in the real estate of which Henry A. Barclay, her late husband, was seized, during the coverture, or at the time of his death.
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Error to the Court of Chancery of the 1st District. Before the Hon. A. Crenshaw, Chancellor. This bill was filed by Josephine Barclay against the plaintiffs in error, for dower in the real estate of which Henry A. Barclay, her late husband, was seized, during the coverture, or at the time of his death. It alledges her intermarriage with him on the 24th Decemher, 1842, and his death on the 31st October, 1843 : his seisen, during the coverture, of and in a considerable real estate; the character and description of which she is ignorant, except as to a lot of ground, and improvements thereon, in…
1Opinion of the CourtChilton, J.
The decree in this case, cannot be sustained. The register reported one-sixth of the entire value of the premises, as dower, and the defendants are required to bring this sum, together with one-third the rents from the death of the husband, and the costs, into court, and on failure, the premises are decreed to be sold to raise the amount.
The chancellor, it seems, adopted the South Carolina rule, which is influenced by a statute of that State. Here we have no such statute, and our decisions must conform to the common law.
The mode of assigning dower in such cases as the one before us, has been…
2Cases cited5 opinions
- Hantz v. SealySupreme Court of Pennsylvania · 1814
- Beavers v. SmithSupreme Court of Alabama · 1847
- Cunningham's Adm'r v. RogersSupreme Court of Alabama · 1848
- Scott v. BaberSupreme Court of Alabama · 1848
- Adams v. BarronSupreme Court of Alabama · 1848
3Cited by19 opinions
- Hutchins v. KimmellMichigan Supreme Court · 1875
- Markey v. StateSupreme Court of Florida · 1904
- Lewis v. CrowellSupreme Court of Alabama · 1923
- Adams v. AdamsSupreme Court of Alabama · 1864
- Springle's Heirs v. ShieldsSupreme Court of Alabama · 1850
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