11 Ala. 615 | Ala. | 1847
Dower by the common law is defined to be an estate for life in the third part of the lands of which the husband was seized, either in deed or in law, at any time
It is said that all freeholds of which the wife is seized at the time of the marriage, or afterwards, are by law vested in the husband and wife during the coverture, in right of the wife. During their joint lives, the husband is entitled to the profits, and has the sole control and management; but cannot convey or charge the lands for any longer period than while his own interest continues. If the estate of the wife be one of inheritance, and there be an actual seizen, and a child of the marriage born alive, capable of inheriting the property, the husband upon the wife’s decease, becomes tenant by the curtesy, for his life. [2 Steph. Com. 299.] This being the law, it would seem to follow that the second husband succeeds to a dower estate, which has been assigned to his