Owen v. Campbell
Supreme Court of Alabama
[BILL 1ST EQUITY POR ASSIGNMENT OP DOWER.] Appeal from tbe Chancery Court at Mobile. Heard before tbe Hon. Wade Keyes. The original bill in tbis case was filed by Mrs. Louisa S. Owen, on tbe 7th February, 1858, and sought an allotment of her dower in three city lots in Mobile, of which her deceased husband, George W. Owen, who died in 1837, was seized and possessed during coverture.
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[BILL 1ST EQUITY POR ASSIGNMENT OP DOWER.] Appeal from tbe Chancery Court at Mobile. Heard before tbe Hon. Wade Keyes. The original bill in tbis case was filed by Mrs. Louisa S. Owen, on tbe 7th February, 1858, and sought an allotment of her dower in three city lots in Mobile, of which her deceased husband, George W. Owen, who died in 1837, was seized and possessed during coverture. Tbe only defendant to tbe original bill was James Campbell, who answered on tbe 5th March, 1853; admitting that be was in possession of one-third of the lots, and averring that the remainder was in the possession…
1Opinion of the CourtRice, C. J.
In Ridgway v. McAlpine, at the present term, we decided, that prior the Code, there was no stat-. utory bar, in this State, to a suit for the assignment and recovery of dower; that mere lapse of time short of twenty years, independent of other equitable circumstances, would not authorise a court of equity to treat the claim of dower asserted in such suit as stale; and that there were no circumstances in that case which justified the refusal of relief. Upon the authority of that case, the decree of the chancellor in the case at bar is reversed, and a decree here rendered, declaring that the…
2Cited by3 opinions
- Barksdale v. GarrettSupreme Court of Alabama · 1879
- Elyton Land Co. v. DennySupreme Court of Alabama · 1892
- Petcher v. RounsavilleSupreme Court of Alabama · 1962