Hart v. McCollum
Supreme Court of Georgia
Dower) in Houston Superior- Court. Decision by jUdge Lamar, April Term, 1859. Abigail M. Hart, as the widow of Levi Hart, deceased, filed her petition to have dower assigned to her, in lot of land No. 9, situated in the thirteenth [13) District of Houston. The defendant pleaded— 1st. That applicant was not the Widow of Levi Harts 2d. The statute of limitations.
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Dower) in Houston Superior- Court. Decision by jUdge Lamar, April Term, 1859. Abigail M. Hart, as the widow of Levi Hart, deceased, filed her petition to have dower assigned to her, in lot of land No. 9, situated in the thirteenth [13) District of Houston. The defendant pleaded— 1st. That applicant was not the Widow of Levi Harts 2d. The statute of limitations. Plaintiff'proved her marriage with Levi Plart, the de* ceased, 15th July, 1818, and that he died in December, 1853. She then introduced and read in evidence a grant from the State to Levi Hart, for the lot in question, dated 12th day…
1Opinion of the Court
*480 By the Court
Lumpkin, J.,
delivering the opinion.
It is admitted in the argument, and is undoubtedly true, that the right of dower stood in this State, as it did at common law, until 1826. The colonial act of 1760 (Cobb, 161,) merely ascribed the mode by which the right of the feme covert-might be conveyed.
By the act of 1826, (Prince, 249,) it is no longer necessary for the wife to join with the husband to bar her dower, except as to the lands of which the husband may have become possessed by his intermarriage. As to all other lands of which he may have been seized during coverture, his…
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