Legal Opinion

Francis v. Sandlin

Supreme Court of Alabama

Decided May 6, 1907PublishedCited by 10 opinions

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

  1. Reeves v. BrooksSupreme Court of Alabama · 1885
  2. Barber v. WilliamsSupreme Court of Alabama · 1883
  3. Central Foundry Co. v. BennettSupreme Court of Alabama · 1906

3Cited by10 opinions

  1. Girard Fire Marine Ins. Co. v. GunnSupreme Court of Alabama · 1930
  2. American Equitable Assur. Co. v. Powderly Coal & Lumber Co.Supreme Court of Alabama · 1932
  3. Chavers v. MayoSupreme Court of Alabama · 1918
  4. Hale v. CoxSupreme Court of Alabama · 1941
  5. American Equitable Assur. Co. v. Powderly Coal & Lumber Co.Supreme Court of Alabama · 1930

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