Magee v. Young
Mississippi Supreme Court
Appeal from tbe Probate Court of Amite county. Hon. R. M. Neilson, judge. Tbe opinion of tbe court contains a concise and correct statement of tbe facts of tbe ease. Tbe question presented is whether a wife acquires such a right of dower in tbe lands whereof her husband was seized during coverture, as cannot be defeated or impaired by legislation.
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Appeal from tbe Probate Court of Amite county. Hon. R. M. Neilson, judge. Tbe opinion of tbe court contains a concise and correct statement of tbe facts of tbe ease. Tbe question presented is whether a wife acquires such a right of dower in tbe lands whereof her husband was seized during coverture, as cannot be defeated or impaired by legislation. Tbe administrator, in bis answer to appellants’ petition, seeks to apply to this case article 30, page 337, Rev. Code, and cite case of Whitley v. Stephenson, 35 Miss., page 113, against us. Tbe record in that case shows marriage took place in 1852,…
1Opinion of the CourtHaNdy, C. J.
This was a petition in the Court of Probate for the allotment *168of dower to tlie widow of James Young, deceased, in Ms real estate.
It appears by tbe petition and the answer of the appellee, the administrator of the deceased husband, that the appellant and the deceased were married prior to November, 1857, and that, prior to that time, he acquired the lands in which dower was sought to be recovered, and that he died seized thereof in the year 1860, and intestate; that his personal estate was insufficient to pay his debts, and that his lands had been decreed, by the Court of Probate, to be sold…
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