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76 Ala. 586

Melton v. Andrews

Supreme Court of Alabama

Decided December 15, 1884

Supreme Court of Alabama · decided 1884-12-15

Heard before the Hon. N. S. Graham. The bill in this case was filed on the 16th August, 1883, by Mrs. Mary Andrews, the widow of Henry Andrews, deceased, against Mrs. Susan A. Melton and Dallas Melton ; and sought an allotment of dower in a certain tract of land, containing 142 acres, which was described as “the south-east quarter of section twenty-two (22), township twenty (20), range twenty-one (21), except a narrow strip one hundred yards wide,” with rents from the death…

Cited by 1 later decisions — most recently February 1939

1 state decisions

Relies on Wood v. Morgan · Ogbourne v. Ogbourne's Adm'r · Steele v. Brown

Good law ✅— No negative treatment on recordhow we know

Decided 1884-12-15

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STONE, C. J.

¶1— This case is unaffected by section 2238 of the Code of 1876. The lands in which dower is demanded, were not in possession of demandant’s husband at the time of his death, nor for several years before. They were not his dwelling-place, nor a plantation connected therewith. It follows, that Mrs. Audrews was not entitled to the possession until her dower was assigned her. — Ogbourne v. Ogbourne, 60 Ala. 616.

¶2Section 2249 of the Code determines the quantiom of interest the demandant is entitled to — namely, the interest on one-third of tire value of the land at the time of the alienation, to be paid to her annually during her life. The register reported annual interest on one-third of the value to be nine 45-100 dollars; and his report was confirmed without exception. 'That sum ($9.45) was due to the demandant on the first day of Januaiy, 1883, and a like sum on the first day of -January, 1884, each to bear interest until paid. The same sum will be due complainant on the first day of January in each succeeding year, during her lifetime; and a lien is declared on the lands — the south-east quarter of section 22, township 20, range 21, in Elmore county, less the strip one hundred yards wide— to secure the full performance of this decree. See Wood v. Morgan, 56 Ala. 397; Steele v. Brown, 70 Ala. 235.

¶3The decree of the chancellor is reversed, and here remanded, as declared above. Let the costs of the court below be equally divided between complainant and defendants, and the costs of the appeal be paid by appellee.

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