O'Steen v. O'Steen
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; Hugh A. Locke, Judge. Bill by Annie B. O’Steen against Ida O’Steen to quiet title to land. From a decree dismissing the original and cross-bill, complainant appeals. The following is the agreed statement of facts: The complainant and respondent are each over the age of 21 years, respondent being a resident of Jefferson county, Ala., ^and complainant being a resident of Lauderdale county, Ala.
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Appeal from Circuit Court, Jefferson County; Hugh A. Locke, Judge. Bill by Annie B. O’Steen against Ida O’Steen to quiet title to land. From a decree dismissing the original and cross-bill, complainant appeals. The following is the agreed statement of facts: The complainant and respondent are each over the age of 21 years, respondent being a resident of Jefferson county, Ala., ^and complainant being a resident of Lauderdale county, Ala. Complainant was at the time the bill in this case was filed, and still is, in peaceable possession of the real estate described in the original bill of…
1DissentMcCLELLAN, J.
The question decided by the court below and now presented for review is this: Is the inchoate right of dower in a wife concluded by a conveyance, not executed by the wife, in which the husband voluntarily joins with his co-tenants to convey the jointly owned real estate “in lieu of a partition or sale for division” of such real estate? The question was answered in the affirmative, 10 years ago, by this court in McLeod v. McLeod, 169 Ala. 654, 661, 53 South. 834; and this decision has been since cited, without questioning, in O’Neal v. Cooper, 191 Ala. 182, 186, 67 South. 689, and Cooper v.…
2Cases cited4 opinions
- O'Neal v. CooperSupreme Court of Alabama · 1914
- Chaney's Heirs v. Chaney's Adm'rSupreme Court of Alabama · 1861
- McLeod v. McLeodSupreme Court of Alabama · 1910
- Cooper v. CloudSupreme Court of Alabama · 1915