Brooks v. Woods
Supreme Court of Alabama
Appeal from the Chancery Court of Calhoun. Heard before the Hon. S. K. MoSpadden. The original bill in this cause was filed, on the 23d November, 1863, by Alexander Woods, against the widow, personal representative, and heirs-at-law of Benjamin A. Brooks, deceased; and sought to enforce a vendor’s hen for the unpaid purchase-money of several town lots in Jacksonville.
Read the full summary
Appeal from the Chancery Court of Calhoun. Heard before the Hon. S. K. MoSpadden. The original bill in this cause was filed, on the 23d November, 1863, by Alexander Woods, against the widow, personal representative, and heirs-at-law of Benjamin A. Brooks, deceased; and sought to enforce a vendor’s hen for the unpaid purchase-money of several town lots in Jacksonville. The lots were sold to said Brooks, in December, 1860, by Philip Beacham; and a deed, conveying the title to him, was executed by said Beacham and wife. The agreed price of the lots was twelve hundred dollars, for which Brooks…
1Opinion of the CourtBybd, J.
1. It is laid down as a general rule, that courts of equity will entertain concurrent jurisdiction with courts of law in the assignment of dower in all cases. This has been questioned, but the weight of authority sustains the rule.' — 1 Story’s Equity Jur., § 624; Owen v. Slatter, 26 Ala. 547.
2. The appellee joins in the assignments of error, and this case is not like that of Parish Adm’r v. Galloway, 34 Ala. 163.
3. The right of a widow to dower in the lands of the husband is said to be founded on three consecutive events— marriage, seizin, and the death of the latter. These the bill alleges,…
2Cases cited6 opinions
- Eslava v. LepretreSupreme Court of Alabama · 1852
- Owen v. SlatterSupreme Court of Alabama · 1855
- Warner v. Van AlstyneNew York Court of Chancery · 1831
- Boynton v. SawyerSupreme Court of Alabama · 1860
- Boyd v. HarrisonSupreme Court of Alabama · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Wood v. MorganSupreme Court of Alabama · 1876
- Yarbrough v. YarbroughSupreme Court of Alabama · 1917
- Barclay v. SpraginsSupreme Court of Alabama · 1885
- Latham v. StaplesSupreme Court of Alabama · 1871
- Hause v. HauseSupreme Court of Alabama · 1876
10 more not listed; retrieve them via the Exa API.