Legal Opinion

McGough v. Sweetser

Supreme Court of Alabama

Decided July 1, 1892PublishedCited by 18 opinions

Appeal from Barbour Chancery Court. Heard before.Hon. John A. Foster. Bill in equity by Mary E. McGough, against J. Howard Sweetser, to redeem lands sold under decree of foreclosure. The amount due on the mortgage debts at the time of the sale was over Fifty Thousand Hollars, the amount bid for the lands was Eleven Thousand, Four Hundred Hollars.

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Appeal from Barbour Chancery Court. Heard before.Hon. John A. Foster. Bill in equity by Mary E. McGough, against J. Howard Sweetser, to redeem lands sold under decree of foreclosure. The amount due on the mortgage debts at the time of the sale was over Fifty Thousand Hollars, the amount bid for the lands was Eleven Thousand, Four Hundred Hollars. The Chancellor rendered a decree granting relief to complainant, and that she be allowed to redeem on payment of the amount due on the mortgage debts, which were to be ascertained by the register, without reference to the calculation of interest made…

1Opinion of the CourtStone, C. J.

— Dower was much favored at the common law. — 5 Amer. <fe Eng. Encyc. of Law, 885, note. One reason was that the widow was very frequently left with very limited, if any means of subsistence. The common law tended, strongly to concentrate all the accumulation in the husband; and it vested in him the wife’s personal estate owned at the time of the marriage, provided he reduced it to possession during the coverture. Bo, the wife’s earnings during the marriage relation became his property. These are reasons why dower should be favored, and the above are the prevailing rules in Alabama, except to…

2Cases cited9 opinions

  1. Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
  2. Mills v. . Van VoorhiesNew York Court of Appeals · 1859
  3. Eslava v. LepretreSupreme Court of Alabama · 1852
  4. Gay, Hardie & Co. v. Brierfield Coal & Iron Co.Supreme Court of Alabama · 1891
  5. Denton v. NannyNew York Supreme Court · 1850

4 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Dewberry v. Bank of Standing RockSupreme Court of Alabama · 1933
  2. Key West Wharf & Coal Co. v. PorterSupreme Court of Florida · 1912
  3. Whiteman v. TaberSupreme Court of Alabama · 1919
  4. McQueen v. WhetstoneSupreme Court of Alabama · 1900
  5. Springer Corp. v. Kirkeby-NatusNew Mexico Supreme Court · 1969

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