Hause v. Hause
Supreme Court of Alabama
APPEAL from the Chancery Court of Henry. Heard before the Hon. B. B. McGraw. One George "W. Hause was the husband of M. A. Hause, and while such received from one D. H. Hausé, the father of said M. A. Hause, a deed of conveyance to the real estate described in the original billas the subject matter of this suit.
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APPEAL from the Chancery Court of Henry. Heard before the Hon. B. B. McGraw. One George "W. Hause was the husband of M. A. Hause, and while such received from one D. H. Hausé, the father of said M. A. Hause, a deed of conveyance to the real estate described in the original billas the subject matter of this suit. In the summer of 1873, said M. A. Hause died, leaving the complainants (appellees) as her only children; and in December following, said G. W. Hause married the appellant, and died within a few weeks thereafter. One C. S. Thomas, became the executor of said G. W. Hause, and filed an…
1Opinion of the CourtBrickell, C. J.
1. The only error assigned by appellant, is the dismissal of the cross-bill. It is not deniable that courts of equity have concurrent jurisdiction with courts of law in the assignment of dower ; which is not impaired by the statutes conferring jurisdiction in courts of probate. Owen v. Slatter, 25 Ala. 547; Brooks v. Woods, 40 Ala. 538. It is also undeniable that when a court of equity acquires jurisdiction it will retain 'the cause and finally adjust the controversy, though in some respects there is an adequate remedy at law. — 1 Story’s Eq. § 71. It is equally true, that when the…
2Cases cited3 opinions
- Brooks v. WoodsSupreme Court of Alabama · 1867
- Pond v. LockwoodSupreme Court of Alabama · 1845
- Waller v. CampbellSupreme Court of Alabama · 1854
3Cited by8 opinions
- City of Huntsville v. MillerSupreme Court of Alabama · 1958
- United States Fidelity & Guaranty Co. v. RemondSupreme Court of Alabama · 1930
- First Nat. Bank of La Pine v. BradleySupreme Court of Alabama · 1931
- Baggett Mercantile Co. v. VickerySupreme Court of Alabama · 1925
- United States Fidelity & Guaranty Co. v. YeatesSupreme Court of Alabama · 1928
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