Harris v. Coats
Supreme Court of Georgia
Estates. Tenants. Husband and Wife. Dower. Estoppel. Evidence. Before Judge Stewart. Pike Supe rior Court. April Term, "1885. Mrs. Coats, widow of H. H. Coats, deceased, applied for dower in the undivided one-half interest which, it was alleged, her husband held in certain land-, A. B. Harris being the other tenant in common. Commissioners were appointed, and they made a return assigning dower.
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Estates. Tenants. Husband and Wife. Dower. Estoppel. Evidence. Before Judge Stewart. Pike Supe rior Court. April Term, "1885. Mrs. Coats, widow of H. H. Coats, deceased, applied for dower in the undivided one-half interest which, it was alleged, her husband held in certain land-, A. B. Harris being the other tenant in common. Commissioners were appointed, and they made a return assigning dower. Harris filed objections, alleging that the husband of the applicant had no title to any portion of the land, but that the objector owned it. On the trial, the jury found a verdict sustaining the report…
1Opinion of the Court
Hall, Justice.
The material question in this case is, whether the widow of a tenant in common is dowable of lands held jointly, at the time of his death, with another. It was held in Ross vs. Wilson, 58 Ga., 249, that she was, and that partition need not precede the setting aside of the dower; that her legal right being established, she would be entitled to a writ of partition under the provisions of the statute, to have the land divided so as to obtain her one-third part thereof according to valuation; that her legal right to dower at the death of her husband was as perfect before partition…
2Cases cited2 opinions
- Ross v. WilsonSupreme Court of Georgia · 1877
- Wiece v. MarbutSupreme Court of Georgia · 1876
3Cited by2 opinions
- Starr v. NewmanSupreme Court of Georgia · 1899
- Sims v. SimsSupreme Court of Georgia · 1905