Elyton Land Co. v. Denny

• Court: Alabama Supreme Court
• Writing for the Court: STONE, C.J.
• Citation: Elyton Land Co. v. Denny, 11 So. 218, 96 Ala. 336 (Ala. 1892)
• Decision Date: 26 May 1892
• Parties: ELYTON LAND CO. ET AL. v. DENNY.

11 So. 218

96 Ala. 336

ELYTON LAND CO. ET AL. v. DENNY.

Supreme Court of Alabama

May 26, 1892

Appeal from city court of Birmingham; H. A. SHARPE, Judge.

Bill by Rebecca E. Denny against the Elyton Land Company and others asking that dower be set apart to the complainant in certain land of which her husband had died seised. There was a demurrer to the bill on the ground that it showed complainant's right to have been barred by lapse of time. The demurrer was overruled, and defendants appeal. Affirmed.

Alex T. London, for appellants.

Brooks & Brooks, for appellee.

STONE C.J.

This case is not distinguishable in principle from Ridgeway v McAlpine, 31 Ala. 458, and Owen v. Campbell, 32 Ala. 521. Under the Code of 1852, § 1372, the widow's claim of dower was barred, unless proceedings for its allotment were instituted within three years after the death of the husband. By act approved February 8, 1858, (Sess Acts. p. 47,) that section was so amended as to read "All suits or proceedings for dower, when the claim or right of an alienee of the husband, or any one claiming under such alienee, are involved in such suit or proceedings, must be commenced within three years after the death of the husband, and not after." That statute has not been materially changed from that day to this. Code 1867, § 1643; Code 1876,§ 2251; Code 1886, § 1913 . It results that in all cases of asserted dower right, except those in which the husband aliened the lands in his lifetime, there is no statutory bar to the asserted right. It requires 20 years to raise the presumption that the claim was relinquished or...