Legal Opinion

Ridgway v. McAlpine

Supreme Court of Alabama

Decided January 15, 1858PublishedCited by 7 opinions

Appeal from the Chancery Court of Greene. Heard before the Hon. JAMES B. Clark. The bill in this case was filed by the appellants, in November, 1854, seeking an assignment of Mrs. Bidg-way’s dower in certain lands, of which her former husband, George W. McAlpine, was seized and possessed during coverture, and which were aliened by him.

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Appeal from the Chancery Court of Greene. Heard before the Hon. JAMES B. Clark. The bill in this case was filed by the appellants, in November, 1854, seeking an assignment of Mrs. Bidg-way’s dower in certain lands, of which her former husband, George W. McAlpine, was seized and possessed during coverture, and which were aliened by him. The bill alleged, that the lands were sold and conveyed by said McAlpine, in the summer of 1838, to William McAlpine, the defendant in this suit, who was in possession of them when the bill was filed; that said George W. McAlpine died soon after said sale was…

1Opinion of the CourtRice, C. J.

— The main question in this case is, whether a suit, at law or in equity, seeking the assignment of dower, is within the second section of the statute of limitations of 1843, which provides, that “all actions for recovery of lands, tenements, or hereditaments, in this State, shall be brought within ten years after the accrual of the cause of action, and not after: Provided, that five years be allowed, under both sections of this act, for infants, femes covert, insane persons, and lunatics, after the *462termination of tbeir disabilities, to bring suit.” — Clay’s Dig. 329, § 93.

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2Cited by7 opinions

  1. Martin v. MartinSupreme Court of Alabama · 1860
  2. Michigan Mutual Benefit Ass'n v. RolfeMichigan Supreme Court · 1889
  3. Sanders v. WallaceSupreme Court of Alabama · 1896
  4. Barksdale v. GarrettSupreme Court of Alabama · 1879
  5. Steadman v. SteadmanSupreme Court of Alabama · 1868

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