Barney v. Frowner
Supreme Court of Alabama
Writ of Error to the Orphans’ Court of Mobile. Petition by the defendants in error, for the allotment of dower. The petition was filed by Mary A. Frowner, widow of Samuel Acre, for dower in six several parcels of land in Mobile, which had been aliened by her husband in his lifetime, and to'which she had not relinquished her dower.
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Writ of Error to the Orphans’ Court of Mobile. Petition by the defendants in error, for the allotment of dower. The petition was filed by Mary A. Frowner, widow of Samuel Acre, for dower in six several parcels of land in Mobile, which had been aliened by her husband in his lifetime, and to'which she had not relinquished her dower. The court proceeded to- hear, and determine upon the matter, and directed a writ to issue to the sheriff, commanding him to proceed, and cause an allotment to be made. An allotment was made, and being set aside by the court, a new allotment was made, received by the…
1Opinion of the CourtOrmond, J.
This proceeding is radically defective. The statute requires ten days notice of the application for the allotment of dower, to be given to the executor, or administrator, when.they do not reside in the same county with the widow, or when she is herself, the executrix, or administrator, the notice is to be given by advertisement in a newspaper published four successive times. [Clay’s Dig. 173, § 6.] The petition does not show whether there is any personal represention, of the estate or not. No citation has issued to any one-as such, nor has any advertisement been made ; it is therefore evident…
2Cases cited4 opinions
- Loomis v. PulverNew York Supreme Court · 1812
- Executors of Green v. GreenSupreme Court of Alabama · 1838
- Lawson v. MortonCourt of Appeals of Kentucky · 1838
- Rintch v. CunninghamCourt of Appeals of Kentucky · 1816
3Cited by15 opinions
- Summers v. BabbIllinois Supreme Court · 1851
- Duncan v. HargroveSupreme Court of Alabama · 1853
- Adams v. AdamsSupreme Court of Alabama · 1864
- Ware v. OwensSupreme Court of Alabama · 1868
- Wood v. MorganSupreme Court of Alabama · 1876
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