Mattox v. Feagan
Supreme Court of Alabama
Appeal from the Circuit Court of Bullock. Tried before the Hon. J. McCaleb Wiley. This action was brought by Sarah Mattox, the widow, without children, of one A. T. Jones, deceased, by which she seeks to recover possession of a house and lot of which her husband was possessed at the time of his death.
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Appeal from the Circuit Court of Bullock. Tried before the Hon. J. McCaleb Wiley. This action was brought by Sarah Mattox, the widow, without children, of one A. T. Jones, deceased, by which she seeks to recover possession of a house and lot of which her husband was possessed at the time of his death. The title set up by the plaintiff is the possession and occupancy of the property by said Jones, under a purchase at a sale duly made by the administrator of the estate of one McDuffie, to said Jones, wherefore she claims by the right of dower under section 1624, Revised Code, and by the right…
1Opinion of the CourtBrickell, C. J.
Under the facts disclosed in the record, the appellant was not entitled to dower in the lands, the possession of which she sues to recover. The statute limits dower to lands, of which the husband was seized in fee during coverture, or of which another was seized in fee to his use, or in which he had a perfect equity, having paid all the purchase money. — R. C. 1624. At the time of his death, a large part of the purchase money the husband contracted to pay for the lands, remained unpaid, and a conveyance had not been made to him. It is the settled law of this State, that the widow is not…
2Cases cited2 opinions
- Harrison v. BoydSupreme Court of Alabama · 1860
- Crabb v. PrattSupreme Court of Alabama · 1849