Hinson v. Bush
Supreme Court of Alabama
Appeal from Butler Probate Court. Heard before Hon. L. M. Lane. and Appeal from Butler Chancery Court. Heard before Hon. Jno. A. Poster. The lawful wife, and the divorced wife, of the deceased B. H. Bush applied for dower interest in deceased’s estate, 'one in the Probate Court, the latter in the Chancery Court. The lower courts decided in favor of each applicant respectively, and the administrators of the estate bring their appeals, from each court.
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Appeal from Butler Probate Court. Heard before Hon. L. M. Lane. and Appeal from Butler Chancery Court. Heard before Hon. Jno. A. Poster. The lawful wife, and the divorced wife, of the deceased B. H. Bush applied for dower interest in deceased’s estate, 'one in the Probate Court, the latter in the Chancery Court. The lower courts decided in favor of each applicant respectively, and the administrators of the estate bring their appeals, from each court. The following opinion is rendered, disposing of both appeals. At common law divorce barred dower. — 2 Bish. on Mar. & Div. 705, 706; 1 Coke,…
1Opinion of the Court
STONE O. J.
Bichard H. Bush was a widower with children, some adult and some minors. In December 1880 he intermarried with Mary M. Johnson. There was no fruit of this marriage. They separated about a year after the marriage, and in 1884 the said Bichard H. obtained a divorce from the said Mary M., a vinculo matrimonii, for her voluntary abandonment of his bed and board for two years next preceding the filing of the bill. Code of 1886, § 2322. It- is not shown that she either obtained or asked for maintenance or alimony. In her bill after noticed it is averred that she did not.
In 1884, after…
2Cases cited6 opinions
- Starr v. PeaseSupreme Court of Connecticut · 1831
- McCraney v. McCraneySupreme Court of Iowa · 1857
- Benton v. BentonSupreme Court of Connecticut · 1803
- Mattocks v. StearnsSupreme Court of Vermont · 1837
- Williams v. HaleSupreme Court of Alabama · 1881
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3Cited by3 opinions
- Donegan v. DoneganSupreme Court of Alabama · 1893
- Eisenberg v. SteinSupreme Court of Alabama · 1931
- McLaughlin v. McLaughlinSupreme Court of Alabama · 1918