Legal Opinion

Lewis v. Moorman

Supreme Court of Alabama

Decided June 15, 1838PublishedCited by 2 opinions

Error to the Circuit court of Franklin county, exercising chancery jurisdiction. Petition for an allotment of dower, tried before Judge Coleman. Petitioner prayed for an allotment of dower out of lands, purchased by her former husband from the State, under the act authorising the sale of lands granted by Congress to the State for internal improvement.

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Error to the Circuit court of Franklin county, exercising chancery jurisdiction. Petition for an allotment of dower, tried before Judge Coleman. Petitioner prayed for an allotment of dower out of lands, purchased by her former husband from the State, under the act authorising the sale of lands granted by Congress to the State for internal improvement. At the death of the husband, full payment had not been made for the land, but the administrator had since completed the payments out of the assets of the estate. To the petition, there was a demurrer interposed by the administrator, — which was…

1Opinion of the CourtOrmond, J.

— The right to dower is aserted by the plaintiffs counsel, under the equity of the act endowing widows in lands purchased of the United States, on which partial payments only had been made at the time of the husband’s death, and the title afterwards completed by the executor or administrator — as by the provisions of the act, they were under certain circumstances permitted to do.

It is not insisted, that this act, in terms, embraces this case — but it is contended, that it is within the equity of that statute. At the time of the passage of that act, a very considerable portion of all the lands…

2Cited by2 opinions

  1. King v. KingSupreme Court of Alabama · 1878
  2. Crabb v. PrattSupreme Court of Alabama · 1849

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