Springle's Heirs v. Shields

Citations

• 17 Ala. 295

Syllabus

<p>1. W. S. sold 160 acres of land to J.S and agreed to deliver possession and execute title on a certain day upon the payment of the purchase money, but before the day arrived W. S. died, whereupon his widow continued to occupy and cultivate 47 acres of the premises for several years and until her dower was assigned her. On a bill filed by J. S. and P. his intermediate assigneo, against the heirs and administrators of W. S., to enjoin the collection of the purchase money, for a specific execution of the contract, so far as it could be performed, for an account of rents, and for an abatement of the price contracted to be paid because of the dower incumbrance — Held—</p> <p>1. That J. S. cannot be allowed a gross sum as the supposed present value of the dower interest, but should be relieved from the payment of one-third the value of the land at the time of the contract until the death of the dowress, on his securing its ultimate payment, without interest, by a lien on the land.</p> <p>2. That if the widow occupied and cultivated only that portion of the land which was afterwards assigned her as dower, no compensation should be allowed the vendee for rent, since the interest on the value of such portion would be a set off against the dower.</p> <p>2. Where enquiries as to compensation or damages do not involve much complexity of facts or amounts, an issue of quantum damnificMus is not necessary, but the usual course is to refer the matter to the register and master.</p> <p>3. AYhere the defendant in a bill -which prays for a specific performance, or compensation, if it cannot be done, is called upon to produce his title and fails to do so, it is not error to grant the alternate relief. ■</p>