Francis v. Garrard
Supreme Court of Alabama
Error to the Chancery Court of Lauderdale. Tried before the Hon. D. G. Ligón. ' The case of Beavers & Jemison v. Smith, 11- Ala. 20, decides that when an assignment cannot be made of a portion of the premises, the interest of one third part of the value thereof, at.the time of the alienation, is a just criterion, by which to measure the rights of the dowress, and in the same case, on page 451, the court say in reference to this rule that “ it is fair and just to. both…
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Error to the Chancery Court of Lauderdale. Tried before the Hon. D. G. Ligón. ' The case of Beavers & Jemison v. Smith, 11- Ala. 20, decides that when an assignment cannot be made of a portion of the premises, the interest of one third part of the value thereof, at.the time of the alienation, is a just criterion, by which to measure the rights of the dowress, and in the same case, on page 451, the court say in reference to this rule that “ it is fair and just to. both parties, and in any series of years would be found to be as. often above as below the actual net profits.” The same rule was…
1Opinion of the CourtChilton, J.
This was a bill in chancery by Mrs. Garrard to recover dower in a lot, with the improvements thereon, situate in the town of Florence, of which her husband, Wta. W. Garrard, was seized during coverture, but of which he had been dispossessed by sale under a mortgage executed by him in favor of the Branch of the Bank of the .State of Alabama at Huntsville. The case made by the record clearly shows her entitled to dower, but as it could not be allotted by metes and bounds, it was correctly determined that she should have a monied compensation in lieu of such specific allotment. The basis, or…
2Cases cited3 opinions
- Beavers v. SmithSupreme Court of Alabama · 1847
- Springle's Heirs v. ShieldsSupreme Court of Alabama · 1850
- Johnson v. ElliottSupreme Court of Alabama · 1847
3Cited by5 opinions
- Wood v. MorganSupreme Court of Alabama · 1876
- Yarbrough v. YarbroughSupreme Court of Alabama · 1917
- Sanders v. McMillianSupreme Court of Alabama · 1893
- White v. SummervilleSupreme Court of Missouri · 1920
- Roan ex rel. Jernigan v. HolmesSupreme Court of Florida · 1893