Boyd v. Harrison
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas.- Tried before the Hon. Nat. Cook. This action was brought by Mrs. Lucy A. Harrison, the widow of Reuben Harrison, deceased, against ¥m.
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Appeal from the Circuit Court of Dallas.- Tried before the Hon. Nat. Cook. This action was brought by Mrs. Lucy A. Harrison, the widow of Reuben Harrison, deceased, against ¥m. E. Boyd, who was the administrator de bonis non of said Reuben Harrison, to recover the rents of the dwelling-house and plantation on wbicb the decedent most usually resided next before Ms death, from the 1st January, 1853, to the 1st March, 1857 ; and was commenced on the 9th July, 1858, immediately after thedecision of the former ease between these parties. — Ante, p. 203. The defendant pleaded, in short by consent —…
1Opinion of the CourtA. J. Walker, C. J.
The law existing at the husband’s death must govern the question of the widow’s right to dower. It is competent for the legislature to modify the law on the subject of dower, in a manner unfavorably affecting the wife, after her marriage, and after the acquisition by the husband of the land in which dower is claimed. In doing so, the legislature would neither impair the obligation of a contract, nor deprive the wife of any right of property vested in her.
Dower by the common law, which, of the five species of dower known in the old English law, is the only one recognized in this country, does…
2Cases cited3 opinions
- Sleight v. ReadNew York Supreme Court · 1854
- Edmondson v. MontagueSupreme Court of Alabama · 1848
- M'Cafferty v. M'CaffertyIndiana Supreme Court · 1846
3Cited by12 opinions
- Warfield v. RavesiesSupreme Court of Alabama · 1863
- Ware v. OwensSupreme Court of Alabama · 1868
- Brooks v. WoodsSupreme Court of Alabama · 1867
- McGregor v. McGregorSupreme Court of Alabama · 1947
- King v. KingSupreme Court of Alabama · 1878
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