Thompson v. Thompson
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. W. H. Tayloe. William PI. Thompson and Mary V. Thompson were married on June 27, 1867. At that time, she had some ■little property, part of which consisted of a flock of sheep. In thq year 1883 this flock of sheep had increased to one thousand head, and were sold for $2,500. With a part of the money from the sale of the sheep, Mary V. Thompson bought a store-house and lot, and an adjoining vacant lot.
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Appeal from the Chancery Court of Mobile. Heard before the Hon. W. H. Tayloe. William PI. Thompson and Mary V. Thompson were married on June 27, 1867. At that time, she had some ■little property, part of which consisted of a flock of sheep. In thq year 1883 this flock of sheep had increased to one thousand head, and were sold for $2,500. With a part of the money from the sale of the sheep, Mary V. Thompson bought a store-house and lot, and an adjoining vacant lot. Upon the latter she built a dwelling-house, in which she and her husband lived. With the remaining portion of the proceeds from…
1Opinion of the CourtBrickell, C. J.
It is proper and more convenient, though each is derived from the same source, to consider the right find title to the realty preferred by the complainant, separately from the right and title preferred to the personalty. The statute (Code, § 2353), declares : ‘ 'If a- married woman having a separate estate die intestate, leaving a husband living, he is entitled to one-half of the personalty of such separate estate absolutely, and to the use of the realty during his life,” etc. In Marshall v. Crow, 29 Ala., 280, it was observed: “This language is plain and unambiguous, and under' it the…
2Cases cited4 opinions
- Marshall v. Crow's Adm'rSupreme Court of Alabama · 1856
- Chambers v. ChambersSupreme Court of Alabama · 1893
- Smith v. DunnSupreme Court of Alabama · 1855
- Hatton's Adm'rs v. JordanSupreme Court of Alabama · 1856
3Cited by37 opinions
- Bernhard v. BernhardSupreme Court of Alabama · 1965
- Evans v. EvansSupreme Court of Alabama · 1917
- Hale v. KinnairdSupreme Court of Alabama · 1917
- Patton v. DardenSupreme Court of Alabama · 1933
- Kelly v. DeeganSupreme Court of Alabama · 1895
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