Weaver v. Crenshaw
Supreme Court of Alabama
ERROR to the County Court of Perry. Debt on note executed by the plaintiffs in error andone Bradley. A writ issued against all the parties; and also a branch writ to Dallas county. The sheriff of Perry returned the writ executed on the plaintiffs in error, and “not found,” as to Bradley. The defendant Gains pleaded that he was a resident freeholder of Dallas county, and not liable to a suit in Perry connly.
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ERROR to the County Court of Perry. Debt on note executed by the plaintiffs in error andone Bradley. A writ issued against all the parties; and also a branch writ to Dallas county. The sheriff of Perry returned the writ executed on the plaintiffs in error, and “not found,” as to Bradley. The defendant Gains pleaded that he was a resident freeholder of Dallas county, and not liable to a suit in Perry connly. The defendants jointly pleaded the freehold of Gains in the county of Dallas. Upon the first plea, issue was taken; and to the last, there was a demurrer, which was sustained by the court.…
1Opinion of the CourtOrmond, J.
The joint plea of the defendants that one was a freeholder in Dallas county, and not liable to an action in the county of Perry, was bad, and the demurrer to it properly sustained. The right to plead this fact in abatement is personal to the party, and did not affect the right to sue the other defendant in Perry county. As a joint plea it was therefore bad, and the demurrer to it properly sustained.
Until 'dower is assigned to the widow, she has no estate in the lands of her deceased husband. The widow’s quarantine, by our statute, does not extend beyond the right to occupy the dwelling house,…
2Cited by15 opinions
- Smith's Heirs v. Smith's Adm'rSupreme Court of Alabama · 1848
- Doe ex dem. Cook v. WebbSupreme Court of Alabama · 1851
- Jefferson County Savings Bank v. CarlandSupreme Court of Alabama · 1916
- Barber v. WilliamsSupreme Court of Alabama · 1883
- Thompson v. CampbellSupreme Court of Alabama · 1876
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