139 So. 236 | Ala. | 1932
"Dower attaches upon marriage to every estate of inheritance of which the husband is seised during coverture. It is inchoate until death. Neither the husband nor his creditor can deprive her of this right against her consent." Sanders v. Wallace,
A sale of the land under execution issued against the husband did not deprive complainant of her dower rights. Our authorities are uniform to this effect. Sanders v. Wallace, supra; Callahan v. Nelson,
Dower is greatly favored by our law and classed among the sacred rights. Irvine v. Armistead, supra.
We find nothing in the language of sections 7940-1, Code, indicating a legislative intent to in any manner affect or disturb this valuable right, and they are here inapplicable.
Appellant suggests the bill is multifarious. The sale under execution was to a single purchaser of all the lands, and from such purchaser the defendants derive their respective interests. The case of Sanders v. Wallace,
The demurrer to the bill was properly overruled.
Let the decree be affirmed.
Affirmed.
ANDERSON, C. J., and BOULDIN and FOSTER, JJ., concur.