Ware v. Owens
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before Hon. N. W¡ Cocke. . The bill in this case was filed on.the 11th day of October, 1865, by Elizabeth Owens against Eobert D. Ware, and sought to have dower decreed to her in a certain lot or parcel of land in the city of Montgomery.
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Appeal from the Chancery Court of Montgomery. Heard before Hon. N. W¡ Cocke. . The bill in this case was filed on.the 11th day of October, 1865, by Elizabeth Owens against Eobert D. Ware, and sought to have dower decreed to her in a certain lot or parcel of land in the city of Montgomery. According to the allegations of the bill, the complainant intermarried with E. B. Owen before the year 1847, and continued to be his wife until his death, which occurred on the 28th of October, 1862. Said Owen died intestate, leaving complainant and several children, his heirs and distributees. The deceased…
1Opinion of the CourtByrd, J.
1. The evidence is not sufficient to establish the point made by appellant, that-the lot was partnership property. The deeds of the 6th of July, 1846, and 7th June, 1847, executed by the partners, do not indicate that the lot was held by them as partnership property, but as tenants in common. And the fact that they carried on a partnership business upon the lot, does not necessarily impress it with the character of such property. As Chief Justice Collier says in the case of Long’s Heirs v. Waring, 18 Ala. 153, “ so far as the partners and ther creditors are concerned, real estate belonging to…
2Cases cited4 opinions
- Flinn v. DavisSupreme Court of Alabama · 1850
- Barney v. FrownerSupreme Court of Alabama · 1846
- Perrine's Executors v. PerrineSupreme Court of Alabama · 1860
- Boyd v. HarrisonSupreme Court of Alabama · 1860
3Cited by18 opinions
- Hatchett v. BlantonSupreme Court of Alabama · 1882
- Leddon v. StricklandSupreme Court of Alabama · 1928
- Brewer v. BrowneSupreme Court of Alabama · 1880
- Wood v. MorganSupreme Court of Alabama · 1876
- McGregor v. McGregorSupreme Court of Alabama · 1947
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