Francis v. Sandlin
Supreme Court of Alabama
Appeal from Morgan Cliancerv Court. Heard before I-Iom W. H. Simpson. Bill by W. E. Sandlin and others against W. R. Francis and others to have a deed executed to the father of complainants surrendered to complainants, to cancel certain deeds as a cloud upon comidainants title, to ascertain the interest of the joint owners, and to decree a sale of same for division. From a decree overruling demurrers to the bill, respondents appeal.
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Appeal from Morgan Cliancerv Court. Heard before I-Iom W. H. Simpson. Bill by W. E. Sandlin and others against W. R. Francis and others to have a deed executed to the father of complainants surrendered to complainants, to cancel certain deeds as a cloud upon comidainants title, to ascertain the interest of the joint owners, and to decree a sale of same for division. From a decree overruling demurrers to the bill, respondents appeal. The bill prays that the court will ascertain the interest of one Sheats in the property described in paragraph 2 of the bill, and decree and compel a surrender of…
1Opinion of the CourtMcCLELLAN, J.
Dower, after the death of the husband and before assignment, is in nature a right of action. It is not an interest or estate in the realty, and is unassignable, except by way of extinguishing release1 to the terre-tenant.—Barber v. Williams, 74 Ala. 331; Reeves v. Brooks, 80 Ala. 26; Penny v. Weems, (Ala.) 39 South. 574. See 2 Scribner on Dower, p. 27. It follows that the surviving widow of the ancestor, from whom the lands descended to the joint owners or tenants in common, is not a necessary party to the cause as made by the averments of this bill. She is without interest or estate in the…
2Cases cited3 opinions
- Reeves v. BrooksSupreme Court of Alabama · 1885
- Barber v. WilliamsSupreme Court of Alabama · 1883
- Central Foundry Co. v. BennettSupreme Court of Alabama · 1906
3Cited by10 opinions
- Girard Fire Marine Ins. Co. v. GunnSupreme Court of Alabama · 1930
- American Equitable Assur. Co. v. Powderly Coal & Lumber Co.Supreme Court of Alabama · 1932
- Chavers v. MayoSupreme Court of Alabama · 1918
- Hale v. CoxSupreme Court of Alabama · 1941
- American Equitable Assur. Co. v. Powderly Coal & Lumber Co.Supreme Court of Alabama · 1930
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