Hoot v. Sorrell
Supreme Court of Alabama
Writ of Error to the Court of Chancery for Dallas county. The plaintiff, Mrs. Catherine Hoot, by her next friend, Julius Sneed, filed her bill, setting forth that her husband sold to John Shields, in February, 1838, certain lands situated in Dallas, in which she was entitled to a right of dower, and which she was unwilling to relinquish, unless an equiválent was given her therefor; that it was thereupon agreed between Shields, her husband, and herself, if she would…
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Writ of Error to the Court of Chancery for Dallas county. The plaintiff, Mrs. Catherine Hoot, by her next friend, Julius Sneed, filed her bill, setting forth that her husband sold to John Shields, in February, 1838, certain lands situated in Dallas, in which she was entitled to a right of dower, and which she was unwilling to relinquish, unless an equiválent was given her therefor; that it was thereupon agreed between Shields, her husband, and herself, if she would relinquish her dower to these lands, that then Shields and her husband would redeem a female slave named Milley, and her six…
1Opinion of the CourtCollier, C. J.
The right of dower. depending upon the wife’s surviving her husband, is regarded as valuable, and protected not only by the common, but by the statute law; and it depends upon her own volition, whether she will yield it up or not. She may gratuitously renounce it in favor of her husband, or may require something to be paid for it, or property to be settled and conveyed to her separate use, as an inducement to her relinquishment. In Taylor v. Moore, 2 Rand. Rep. 563, it was decided that if a married woman relinquish her dower inlands, under a promise that other property shall be settled on her…
2Cases cited12 opinions
- Sexton v. WheatonSupreme Court of the United States · 1823
- Reade v. LivingstonNew York Court of Chancery · 1818
- Juzan v. ToulminSupreme Court of Alabama · 1846
- Shepard v. ShepardNew York Court of Chancery · 1823
- Dyett v. North American Coal Co.New York Supreme Court · 1838
7 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Patton v. BeecherSupreme Court of Alabama · 1878
- Gordon, Rankin & Co. v. TweedySupreme Court of Alabama · 1881
- Wimberly v. Mayberry & Co.Supreme Court of Alabama · 1891
- Ware v. Hamilton Brown Shoe Co.Supreme Court of Alabama · 1890
- Roper v. RoperSupreme Court of Alabama · 1856
23 more not listed; retrieve them via the Exa API.