Ex parte Crittenden
Supreme Court of Arkansas
Petition for Mandamus. Ann J. Crittenden presented her petition to the Supreme Court setting forth that, on the 2d day of October, A.D. 1838, she filed her petition in the Circuit Court of Pulaski county, according to the statute, against William E. Woodruff, praying dower in certain lots in the city of Little Rock, purchased by said Woodruff of Robert Crittenden, deceased, her late husband, during the coverture and to which she had not relinquished her right of dower; that…
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Petition for Mandamus. Ann J. Crittenden presented her petition to the Supreme Court setting forth that, on the 2d day of October, A.D. 1838, she filed her petition in the Circuit Court of Pulaski county, according to the statute, against William E. Woodruff, praying dower in certain lots in the city of Little Rock, purchased by said Woodruff of Robert Crittenden, deceased, her late husband, during the coverture and to which she had not relinquished her right of dower; that such proceedings were had on her petition, that on the 15th day of April, A.D. 1839, by a decree of said Court, dower…
1DissentWalker, J.
It is very true that, originally, the common law Courts, in most cases, claimed exclusive jurisdiction over the subject of dower, and the usual remedy afforded was a “Writ of Dower unde nihil habet,” or by a “Writ of right of Dower.” Contemporaneously with the common law remedy, there existed .also an equitable jurisdiction over a particular class of cases, as, for instance, where the tenant held in capita, whose heir was in ward to the King, the widow sued for dower in chancery, and it was assigned her by commissioners appointed for that purpose. (Bac. Abr., “Dower,” p. 136.) This Court,…
2Cases cited13 opinions
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