Barber v. Williams
Supreme Court of Alabama
Appeal from the Circuit Court of' Montgomery. Tried before the Hon. Jno. P. Hubbard. This action was brought by Jeannetta Williams, an infant, suing by her next friend, against Robert Barber and his wife, to recover the possession of a city- lot in Montgomery, particularly described in the complaint, with damages for its detention ; and was commenced on the 3d May, 1882. The defendants pleaded not guilty, accompanied with a suggestion of adverse possession and the erection…
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Appeal from the Circuit Court of' Montgomery. Tried before the Hon. Jno. P. Hubbard. This action was brought by Jeannetta Williams, an infant, suing by her next friend, against Robert Barber and his wife, to recover the possession of a city- lot in Montgomery, particularly described in the complaint, with damages for its detention ; and was commenced on the 3d May, 1882. The defendants pleaded not guilty, accompanied with a suggestion of adverse possession and the erection of valuable' improvements; and the cause was tried on issue joined on these pleas. The plaintiff claimed the premises as…
1Opinion of the Court
BRICKELL, O. J.
— 1. 'Until dower is assigned, the statute secures to the widow the right to retain, free from the payment of rent, possession of “ the dwelling-house where her husband most usually resided next before his death.” — Code of 1876, § 2238. The right may continue for an indefinite period, and during its continuance she can take the rents and profits, appropriating them to her own use. But, until dower is assigned, she has no specific interest or estate in the lands: the -right to dower is in its nature rather a right of action, and it is not assignable otherwise than by a release…
2Cases cited8 opinions
- Miller v. MarxSupreme Court of Alabama · 1876
- Doe ex dem. Shelton v. CarrolSupreme Court of Alabama · 1849
- Wallace v. Hall's HeirsSupreme Court of Alabama · 1851
- Doe ex dem. Cook v. WebbSupreme Court of Alabama · 1851
- McConnaughy v. BaxterSupreme Court of Alabama · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Banks v. SpeersSupreme Court of Alabama · 1892
- Chavers v. MayoSupreme Court of Alabama · 1918
- Turnipseed v. FitzpatrickSupreme Court of Alabama · 1883
- Robinson v. AllisonSupreme Court of Alabama · 1899
- Tharp v. JohnsonSupreme Court of Alabama · 1929
12 more not listed; retrieve them via the Exa API.