Steele v. Brown
Supreme Court of Alabama
Appeals from tlie Chancery Court of Madison. Heard before -the Hon. N. S. Graiiam. The bills in these two cases were each filed on 17th July, 1880, by Mrs. Elizabeth Brown, as the widow of William Brown, deceased, against James W. Steele and Celia Mastín, respectively ; and sought an assignment of dower in two lots, of which tl'ie defendants were respectively in possession, and of which the said William Brown was alleged to have been seized and possessed during his coverture…
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Appeals from tlie Chancery Court of Madison. Heard before -the Hon. N. S. Graiiam. The bills in these two cases were each filed on 17th July, 1880, by Mrs. Elizabeth Brown, as the widow of William Brown, deceased, against James W. Steele and Celia Mastín, respectively ; and sought an assignment of dower in two lots, of which tl'ie defendants were respectively in possession, and of which the said William Brown was alleged to have been seized and possessed during his coverture with the complainant, with rents, or mesne profits. It was proved that the complainant and said William Brown were…
1Opinion of the CourtStone, J.
'These two cases are substantially identical in law and in fact, and we propose to decide them together.
To obtain dower, it was necessary for the complainant to allege and prove her marriage, legal or complete equitable seizin -of the husband during the coverture, and the death of the husband. The first and third of these propositions are proved. Is the proof of seizin sufficient? The averment of seizin, or title, being put in issue, it became necessary to prove it. After the answers of Mrs. Brown to the fifth and sixth interrogatories were suppressed, the proof - of this material averment…
2Cases cited4 opinions
- Pollard v. CockeSupreme Court of Alabama · 1851
- Beavers v. SmithSupreme Court of Alabama · 1847
- Anderson v. MelearSupreme Court of Alabama · 1876
- Slatter v. MeekSupreme Court of Alabama · 1860
3Cited by7 opinions
- Dodge v. Irvington Land Co.Supreme Court of Alabama · 1908
- Tilley v. LetcherSupreme Court of Alabama · 1919
- Ray v. FarrowSupreme Court of Alabama · 1924
- Eisenberg v. SteinSupreme Court of Alabama · 1931
- Sanders v. McMillianSupreme Court of Alabama · 1893
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