Reeves v. Brooks
Supreme Court of Alabama
Appeal from Lowndes Chancery Court. Heard before the Hon. Jno. A. Foster. This was a bill filed by Harriet Reeves, the widow of Richard Reeves, deceased, praying for the allotment of dower and assignment of homestead in the lands of her late husband, being 230 acres; and for the recovery of crops grown thereon, and rent accruing pending her quarantine.
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Appeal from Lowndes Chancery Court. Heard before the Hon. Jno. A. Foster. This was a bill filed by Harriet Reeves, the widow of Richard Reeves, deceased, praying for the allotment of dower and assignment of homestead in the lands of her late husband, being 230 acres; and for the recovery of crops grown thereon, and rent accruing pending her quarantine. The suit is against Brooks Bros., a partnership, and the heir at law, and was commenced April 22, 1885. The bill, after describing the lands owned and occupied by Richard Reeves at the time of his death, alleges that he died without owing any…
1Opinion of the CourtClopton, J.
The bill is brought by appellant to have an assignment of dower in land, of which her husband was seized, and which was his homestead at the.time of his death, and to have an account of rents and profits.
Dower, arising by operation of law from the marital relation, is an inchoate and contingent right pending the coverture, which is consummated on the death of the husband, the wife-surviving, and entitles her to a free hold estate in the land. Until dower is assigned, the widow has no .legal estate or interest in the land. Until a specific part of the land is allotted and set apart for her…
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