Hill v. Gregory

Decided January 15, 1879

Mississippi Supreme Court · decided 1879-01-15

Hon. L. Brame, Chancellor. J. A. Hill, who was seized and possessed of an undivided one-fourth interest in an estate of inheritance, died, leaving a widow and three minor children. The widow, after having become Mrs. Gregory, filed a bill, with her husband, for the partition of the land. The defendants demurred to the bill, and, the demurrer being sustained, they appealed. Mrs. Gregory’s claim for dower does not entitle her to the partition prayed for.

Decided 1879-01-15

Campbell, J.,

¶1delivered the opinion of the court.

¶2Mrs. Gregory, widow of J. A. Hill, deceased, is entitled to be endowed of her deceased husband’s share of the land of which he was a tenant in common at the time of his death; and as a means to the end of having dower assigned to her according to her rights, she is entitled to have a partition of the estate held in common by her deceased husband and co-tenants.

¶3Decree overruling demurrer is affirmed, and cause remanded for demurrants to answer within thirty days after the mandate herein shall be filed below.