Barksdale v. Garrett
Supreme Court of Alabama
Appeal from the Chancery Court of Lowndes. Heard before tbe Hon. H. Austill. Tbe original bill in this case was filed on the 18th February, 1879, by Mrs. Jane Barksdale, against James M. Garrett, William M. Garrett, and M. L. Garrett; and sought an allotment of dower in certain lands, which were in the possession of the defendants, and which had belonged to Joel Burt, who died on the 28th November, 1858, and who was tbe complainant’s husband at tbe time of his death.
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Appeal from the Chancery Court of Lowndes. Heard before tbe Hon. H. Austill. Tbe original bill in this case was filed on the 18th February, 1879, by Mrs. Jane Barksdale, against James M. Garrett, William M. Garrett, and M. L. Garrett; and sought an allotment of dower in certain lands, which were in the possession of the defendants, and which had belonged to Joel Burt, who died on the 28th November, 1858, and who was tbe complainant’s husband at tbe time of his death. The bill alleged the complainant’s marriage with Burt, his seizin of the lands, during coverture, and bis death at the time…
1Opinion of the CourtBriokell, C. J.
The lands in which dower is claimed are not, by any averment of the bill, shown to have been the last dwelling-house of the husband, or the plantation connected therewith, possession of which the widow was entitled to retain until her dower was assigned; nor does it appear that, any time subsequent to the death of the husband, the widow ever had possession of them. The right to dower was consummated by the death of the husband; yet it did not confer a right of entry, nor the right to take the rents and profits, nor any right of ownership.— Weaver v. Crenshaw, 6 Ala. 873. Her right lay in…
2Cases cited6 opinions
- McArthur v. Carrie's Adm'rSupreme Court of Alabama · 1858
- Harrison v. HeflinSupreme Court of Alabama · 1875
- Morris v. HallSupreme Court of Alabama · 1868
- Weaver v. CrenshawSupreme Court of Alabama · 1844
- Ridgway v. McAlpineSupreme Court of Alabama · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Elyton Land Co. v. DennySupreme Court of Alabama · 1895
- Jackson v. ElliottSupreme Court of Alabama · 1892
- Vaughn v. VaughnSupreme Court of Alabama · 1912
- Huddleston v. MillerWest Virginia Supreme Court · 1917
- Elyton Land Co. v. DennySupreme Court of Alabama · 1892
3 more not listed; retrieve them via the Exa API.