Legal Opinion

Lovett v. Lovett

Supreme Court of Alabama

Decided January 15, 1847PublishedCited by 24 opinions

Error to the Chancery Court at Monroeville. The plaintiff in error filed his bill, and obtained a decree divorcing him from his wife, because of her voluntary abandonment of him.

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Error to the Chancery Court at Monroeville. The plaintiff in error filed his bill, and obtained a decree divorcing him from his wife, because of her voluntary abandonment of him. In her answer, the wife suggested that the complainant • was the owner of a number of slaves, and other property, -and that she was destitute of the means of support in her old age, and by her counsel moved the court for a division of the estate, that she might no longer be dependant on the friendship and charity of others for a support. Thereupon the chancellor made a reference to the master, to take an account of…

1Opinion of the CourtOrmond, J.

The act authorizing the court of chancery to dissolve the -bonds of matrimony, requires the court pronouncing the decree, “to order and decree a division of the estate of the parties, in such way as to them shall seem just, and right, having due regard to the right of each party, and their children, if any. Provided, however, that nothing herein contained shall be construed, to compel either party to divest him, or herself of the title to real estate.” [Clay’s Dig. 179, § 8.] We are now called on for the first time, to construe this law, and we approach the subject with a thorough conviction…

2Cited by24 opinions

  1. Murray v. MurraySupreme Court of Alabama · 1887
  2. Jeter v. JeterSupreme Court of Alabama · 1860
  3. Eubanks v. EubanksCourt of Civil Appeals of Alabama · 1974
  4. Jones v. JonesSupreme Court of Alabama · 1891
  5. Ortman v. OrtmanSupreme Court of Alabama · 1919

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