Spann v. Carson

(concurring) : I concur in the result attained in the opinion of the Chief Justice, but by a different train of reasoning, which I shall present.

Action of dower in certain lands, in which an interest or estate was devised to James C. Spann, husband of the demandant by the will of his father, Lawrence M. Spann. Certain other lands held by James C. Spann, independently of the will, were also involved in the proceeding; in these the demandant has had dower admeasured; no question arises as to that admeasurement in this appeal. The case was heard by his Honor Judge Shipp upon an agreed statement…