Jordan v. Strickland
Supreme Court of Alabama
Appeal from Pike Probate Court. Melissa J. Jordan filed her petition in the probate court of Pike county, setting forth that she was the widow of James H. Jordan, deceased ; that her husband had died, seized of certain lands, out of which her dower had been assigned to her; and that the administrator of her husband’s estate had filed a petition for the sale of the remainder of the lands of the estate to pay debts.
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Appeal from Pike Probate Court. Melissa J. Jordan filed her petition in the probate court of Pike county, setting forth that she was the widow of James H. Jordan, deceased ; that her husband had died, seized of certain lands, out of which her dower had been assigned to her; and that the administrator of her husband’s estate had filed a petition for the sale of the remainder of the lands of the estate to pay debts. The petition then proceeds to set forth, that under such a state of facts, and agreeably to the statute, in such cases made and provided, it was her right to have set apart to her,…
1Opinion of the CourtByrd, J.
The appellant, upon the facts set forth in her petition, is entitled “to real estate of the value of five hundred dollars,” as against the creditors of the estate. Code, § 1738 ; Chisholm v. Bowden, in MS., at June term, 1867. The Acts approved January 30,1860, (Pamph. Acts, p. 18,) and December 9, 1864; (Pamph. Acts, p. 93,) and February 19, 1867, (Pamph. Acts, 710,) do not affect the rights of the widow to such real estate, (if the husband owned land to that value,) as against the debts of the estate. They only affect her right against “heirs, distributees or legatees.”
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2Cited by2 opinions
- McCuan v. TurrentineSupreme Court of Alabama · 1872
- Dorough v. JohnsonSupreme Court of Alabama · 1979