Neil v. Johnson
Supreme Court of Alabama
Writ of Error to the Circuit Court of Dallas. This was an action of trespass at the suit of the plaintiff in error, brought to try titles to, and recover the possession of a tract of land particularly described in the indorsement on the writ, and in the declaration, &c. The cause was tried by a jury, who returned a verdict for the plaintiff, and judgment was thereon rendered.
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Writ of Error to the Circuit Court of Dallas. This was an action of trespass at the suit of the plaintiff in error, brought to try titles to, and recover the possession of a tract of land particularly described in the indorsement on the writ, and in the declaration, &c. The cause was tried by a jury, who returned a verdict for the plaintiff, and judgment was thereon rendered. Upon a bill of exceptions sealed at the instance of the defendant, the question is raised, whether the dower of the widow in the lands of her first husband, are liable upon a subsequent marriage to levy and sale under…
1Opinion of the CourtCollier, C. J.
Dower by the common law is defined to be an estate for life in the third part of the lands of which the husband was seized, either in deed or in law, at any time *617during the coverture, of a legal estate of inheritance in possession, which the issue of the wife might by possibility inherit, and which the law gives to every married woman, who survives her husband, to be enjoyed by her in severalty from the death of her husband; whether she have issue by him or not. The object of this estate is the sustenance of the widow and the nurture and education of her children, if any— and the right to it…
2Cited by3 opinions
- Rowe v. RoweSupreme Court of Alabama · 1951
- Webb v. Webb's HeirsSupreme Court of Alabama · 1857
- Cheek v. WaldrumSupreme Court of Alabama · 1854