Edmondson v. Montague
Supreme Court of Alabama
Error to the Chancery Court of Montgomery. Before the Hon. A. Crenshaw, Chancellor. Bill by the plaintiff in error, for dower in certain lots in the city of Montgomery. The bill alledges, that the husband of complainant was, during the intermarriage, the owner in fee of the lots, by purchase from the Alabama company; that he paid for the same, and received bond for titles.
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Error to the Chancery Court of Montgomery. Before the Hon. A. Crenshaw, Chancellor. Bill by the plaintiff in error, for dower in certain lots in the city of Montgomery. The bill alledges, that the husband of complainant was, during the intermarriage, the owner in fee of the lots, by purchase from the Alabama company; that he paid for the same, and received bond for titles. That he afterwards sold and conveyed the lots to different purchasers, by whom they were subsequently sold, and conveyed to the defendant. The answer denies that the husband paid for the lots, or was ever seized of such an…
1Opinion of the CourtChilton, J.
We proceed at once to the investigation of the points involved in the merits of this controversy} as the preliminary questions raised upon the admissibility of the proof in the cause, let them be decided either way, do not in the slightest degree, affect the conclusion to which we have attained.
1. It is insisted for, the plaintiff in error, that she is not bound to make out a regular chain of title; that having shown her husband in possession of the lots out of which she asks her dower may be assigned, she has thus cast the bur-then of proof upon the defendant, of establishing a paramount…
2Cases cited2 opinions
- Fenno v. SayreSupreme Court of Alabama · 1842
- Miles v. MilesSupreme Court of Pennsylvania · 1844
3Cited by5 opinions
- Parks v. BrooksSupreme Court of Alabama · 1849
- Boyd v. HarrisonSupreme Court of Alabama · 1860
- Wilson's Adm'r v. HoltSupreme Court of Alabama · 1890
- Edmondson v. WelshSupreme Court of Alabama · 1855
- Richards v. ShepherdSupreme Court of Alabama · 1909