Henderson v. Chaires

Citations

• 25 Fla. 26

Syllabus

<p>1. The statute of 1838 providing a summary remedy at law for the recovery of dower is still in force, and by the Constitution of 1868, the Circuit Court is vested with jurisdiction to entertain proceedings under that statute.</p> <p>3. In the exorcise of this jurisdiction the court can try the title to dower, but its judgment would only conclude parties to the proceeding.</p> <p>3. To sustain a plea in bar of dower based on the statute of Westminster, 3, 13, Edward, 1, chap. 34, it is necessary to prove both that the wife left her husband willingly, and that she was guilty of adultery during the desertion.</p> <p>4. It was not error in the court to exclude interrogatories to the wife seeking to prove her confessions to the husband of unfaithfulness to him.</p> <p>5. It is not irregular to allot dower by separate orders, one as to the real, and the other as to the personal estate.</p>