Alexander v. Fisher
Supreme Court of Alabama
Writ of error to the Court of Chancery for the 12th district of the Southern Division. The bill is filed by the heirs at law of Edmund Alexander, deceased, against Fisher, who intermarried with the widow of said Alexander, to restrain him in committing waste in certain lands, which were attached as dower to his wife, as the widow of the said Alexander.
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Writ of error to the Court of Chancery for the 12th district of the Southern Division. The bill is filed by the heirs at law of Edmund Alexander, deceased, against Fisher, who intermarried with the widow of said Alexander, to restrain him in committing waste in certain lands, which were attached as dower to his wife, as the widow of the said Alexander. The dower lands consist of four hundred and ninety-eight acres, including the late residence and dwelling house of Alexander, about two hundred acres of which are alledged to be cleared, and under fence, for cultivation, and the remainder…
1Opinion of the CourtGoldthwaite, J.
— We can perceive nothing in the proof in this cause, or in the admissions of the answer, which will warrant a different decree from that rendered by the Chancellor.
It is true, that in England, it is waste for a tenant in dower to convert woodland into arable, Coke on Litt. 53, b.; but it is evident that the rules which govern and define waste in an old, well settled, cultivated country, have either no application, or at best a very remote one, to a new country, where the timber is of little or no value, and where its destruction is always the preliminary to successful cultivation. Even in…
2Cases cited2 opinions
- Crouch v. PuryearSupreme Court of Virginia · 1822
- Hastings v. CrunckletonSupreme Court of Pennsylvania · 1801
3Cited by15 opinions
- C. W. Zimmerman Mnfg. Co. v. DaffinSupreme Court of Alabama · 1906
- Woodward v. GatesSupreme Court of Georgia · 1868
- Compton v. CookSupreme Court of Alabama · 1953
- Smith v. SmithSupreme Court of Georgia · 1898
- First Nat. Bank of Mobile v. WefelSupreme Court of Alabama · 1949
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