Nance v. Hooper
Supreme Court of Alabama
Writ of Error to the Orphans’ Court of' Piekens. This is an application by Sarah Hooper, to the judge of the county court of Pickens county to assign dower in certain lands described in the petition. After the filing of the petition, James Nance appeared before the court, and having suggested he was the owner of one of the tracts described therein, prayed to be permitted to contest her right to dower in the same.
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Writ of Error to the Orphans’ Court of' Piekens. This is an application by Sarah Hooper, to the judge of the county court of Pickens county to assign dower in certain lands described in the petition. After the filing of the petition, James Nance appeared before the court, and having suggested he was the owner of one of the tracts described therein, prayed to be permitted to contest her right to dower in the same. This was allowed, and he then pleaded that the husband of the petitioner was not at the time of his death seized and possessed of any interest in the lánd of which the petitioner is…
1Opinion of the CourtGoldthwaite, J.
1. Previous to the examination of the principal question presented in this cause, Ave shall dispose of that relating to the jurisdiction of the court. In Barney v. Frowner, 9 Ala. Rep. 901, the application for dower embraced several distinct parcels of land which had been sold by the husband, and we considered the general statutes on the subject of dower as not investing the orphans’ court with the jurisdiction to hear and determine such cases. We did not then advert to a statute passed in 1835, because our attention was not called beyond the general law. This statute would have produced no…
2Cases cited4 opinions
- Barney v. FrownerSupreme Court of Alabama · 1846
- Ayer v. SpringMassachusetts Supreme Judicial Court · 1812
- Rintch v. CunninghamCourt of Appeals of Kentucky · 1816
- Scott v. CroasdaleSupreme Court of Pennsylvania · 1791
3Cited by5 opinions
- Adams v. AdamsSupreme Court of Alabama · 1864
- Dayton v. CorserSupreme Court of Minnesota · 1892
- Thrasher v. Pinckard's HeirsSupreme Court of Alabama · 1853
- Irvine v. ArmisteadSupreme Court of Alabama · 1871
- Lynde v. WakefieldMontana Supreme Court · 1896