60 Ala. 616 | Ala. | 1877
It is the law of this State, that the widow’s quarantine does not extend beyond the right to occupy or retain the dwelling-house, where her husband most usually resided next before his death, with the offices and buildings appurtenant thereto, and the plantation connected therewith, until dower is assigned. — R. C. § 1630. When, as in this case, the husband, at his death, had his residence in a town or city, owning a plantation situate in the country, several miles distant, in the occupancy of a tenant, under a contract of renting, such plantation, is not, within the meaning of the statute, connected with the dwelling-house, and the widow cannot claim the rents thereof, as accruing to her, because of her quarantine.—Weaver v. Crenshaw, 6 Ala. 873; Smith v. Smith, 13 Ala. 329; McAllister v. McAllister, 37 Ala. 484; Clary v. Sanders, 43 Ala. 287. Without inquiring whether the Court of Probate has jurisdiction to allow the widow compensation for the detention of her quarantine, in any case, it is enough to say, the appellant had not the right of quarantine in the plantation, the rents of which she collected. This was the ruling of the Court of Probate.
The repealing clause of the act of 1872 is general — of “all laws and parts of laws contravening this act; ” and it does not operate a repeal of an existing statute, relating to the same subject-matter, not in conflict with the provisions of the act.—People v. Durick, 20 Cal. 94. It is merely a legislative declaration of the necessary effect of the act, if the clause had not been inserted. Subsequent statutes, not in
The Court of Probate did not err in so ruling, and its judgment is affirmed.