Pickens v. Wilson

Citations

• 21 Miss. 691

Syllabus

<p>While it seems that the decree of the piobate court allotting dower, is binding and conclusive upon the representatives of the husband who are.parties to the decree, yet it is not so upon one claiming to hold title paramount to that of the husband, and a stranger to the decree of the probate court.</p> <p>Upon the allotment of dower to the widow, in lands claimed by and in possession of a third party by alleged paramount title, the remedy of the dowress to assert her right and recover possession is by ejectment; and if the widow be in possession, the claimant’s redress is by like remedy.</p> <p>The chancery court will not, therefore, have jurisdiction of a bill fded by one claiming to hold certain lands of the husband exempt from the wife’s dower, to enjoin the widow from proceeding to enforce a decree she has obtained in the probate court against the representatives of her husband, awarding her dower in the lands claimed by the complainant; the right of the widow to possession of her allotment of dower, was purely a legal one, to be enforced by her by ejectment when it could be resisted by complainant.</p> <p>There was, therefore, no ground for the interposition of the chancellor.</p>