Elyton Land Co. v. Denny
Supreme Court of Alabama
Appeal from tlie City Court of Birmingham. Heard before tbe Hon. H. A. Shabpe. This was a bill in equity filed by Rebecca E. Denny against tlie Elyton Land Company and others, for an allotment of dower in certain lands described in the bill.
Read the full summary
Appeal from tlie City Court of Birmingham. Heard before tbe Hon. H. A. Shabpe. This was a bill in equity filed by Rebecca E. Denny against tlie Elyton Land Company and others, for an allotment of dower in certain lands described in the bill. The bill alleged that Jacob Bagley, a former hnsband of the complainant, was seized in fee of said lands during their marriage and at the time of his death, which occurred in April, 1875, ‘‘and that said Jacob Bagley never alienated said described land or any part thereof.” The bill was filed March 23. 1891. The Elyton Land Company demurred to the bill on…
1Opinion of the CourtStone, C. J.
This case is not distinguishable in principle from Ridgway v. McAlpine, 31 Ala. 458, and Owen v. Campbell, 32 Ala. 521.
Tinder the Code of 1852, § 1372, the widow’s claim of dower was barred, unless proceedings for its allotment were instituted within three years after the death of the husband. By act approved February 8, 1858 — Sess. Acts, 47 — that section was so amended as to read, “All suits or proceedings for dower, token the claim or right of an alienee' of the. husband, or any one claiming under such alienee, are involved in such suit or proceedings, must be commenced within three years…
2Cases cited3 opinions
- Barksdale v. GarrettSupreme Court of Alabama · 1879
- Ridgway v. McAlpineSupreme Court of Alabama · 1858
- Owen v. CampbellSupreme Court of Alabama · 1858
3Cited by3 opinions
- Robertson v. RobertsonSupreme Court of Alabama · 1915
- Sanders v. WallaceSupreme Court of Alabama · 1896
- Robert Graves Co. v. McDade, Boyle & ButlerSupreme Court of Alabama · 1895