Legal Opinion

Sanders v. McMillian

Supreme Court of Alabama

Decided November 15, 1893PublishedCited by 7 opinions

Appeal from Greene Chancery Court. Heard before tbe Hon. ¥m. H. Tayloe. This bill was filed December 6, 1890, by Elizabeth A. Banders, widow of Charles P. Sanders, deceased, against Oscar McWilliams, who was’ in possession of lands 'formerly owned by her said deceased husband, and sought to have her dower assigned in relation to said lands under §§ 1910-11 of the Code.

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Appeal from Greene Chancery Court. Heard before tbe Hon. ¥m. H. Tayloe. This bill was filed December 6, 1890, by Elizabeth A. Banders, widow of Charles P. Sanders, deceased, against Oscar McWilliams, who was’ in possession of lands 'formerly owned by her said deceased husband, and sought to have her dower assigned in relation to said lands under §§ 1910-11 of the Code. The bill alleges that complainant was married to her said husband in 1840, and that they lived together until his death in 1889. That the said Charles P. Sanders was seized in fee during the coverture, of certain lands .in…

1Opinion of the CourtThorington, J.

Appellant filed her bill in the Chancery Court for the assignment of dower in lands of which her husband was seized in fee in his - life time, but which were alienated by him to appellee’s vendor without appellant’s joining in the conveyance, or otherwise relinquishing her dower interest .since such conveyance. The bill alleges *146that an assignment of dower by metes and bounds would be unjust, and claims that appellant is dowable of the value of the land at the time of the alienation, and that the- interest on one-third part of such valuation from the death of her husband shall be paid to her…

2Cases cited11 opinions

  1. Beavers v. SmithSupreme Court of Alabama · 1847
  2. McClanahan v. PorterSupreme Court of Missouri · 1847
  3. Springle's Heirs v. ShieldsSupreme Court of Alabama · 1850
  4. Ware v. OwensSupreme Court of Alabama · 1868
  5. Wood v. MorganSupreme Court of Alabama · 1876

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3Cited by7 opinions

  1. Whitehead v. BoutwellSupreme Court of Alabama · 1928
  2. Moore v. PriceSupreme Court of Florida · 1929
  3. Bridgeford v. Groh Et Ux.Supreme Court of Pennsylvania · 1932
  4. Yarbrough v. YarbroughSupreme Court of Alabama · 1917
  5. Byars v. MixonSupreme Court of Alabama · 1974

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

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