Inge v. Murphy
Supreme Court of Alabama
Error to the County Court of Greene. The plaintiff in error sued the defendant for money had and received. The following facts were agreed on: Richard Inge was seized in fee of certain lands, and in March, 1841, made a deed of trust, by which he conveyed them to the defendant, and Herndon, in trust to pay his debts, de-cribed in the deed. The plaintiff in error was his wife, and now his widow, but she did not join in the deed, nor relinquish her dower.
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Error to the County Court of Greene. The plaintiff in error sued the defendant for money had and received. The following facts were agreed on: Richard Inge was seized in fee of certain lands, and in March, 1841, made a deed of trust, by which he conveyed them to the defendant, and Herndon, in trust to pay his debts, de-cribed in the deed. The plaintiff in error was his wife, and now his widow, but she did not join in the deed, nor relinquish her dower. Richard Inge died whilst living on the lands, in January, 1842. The trustees took possession of the lands, without objection being made by the…
1Opinion of the Court
DÁRGAN, J.
By the common law, a widow had the right to remain in possession of the capital messuage, or mansion house, whereof she was dowable, forty days after the death *291of her husband, and during this period she was entitled to be supplied with all necessaries, at the expense of the heir. This privilege of the widow was called her quarantine, and she was entitled to have her dower assigned her before the expiration of this period. See 3 Bacon’s Ab., title Dower, 195.
This privilege, or right of the widow, has been altered in this state, by statute, and it is enacted, that “ it shall be lawful…
2Cited by23 opinions
- Pharis v. LeachmanSupreme Court of Alabama · 1852
- Doe ex dem. Shelton v. CarrolSupreme Court of Alabama · 1849
- Whitehead v. BoutwellSupreme Court of Alabama · 1928
- Reeves v. BrooksSupreme Court of Alabama · 1885
- Wallace v. Hall's HeirsSupreme Court of Alabama · 1851
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