Woodward v. Woodward
Woodward v. Woodward
Opinion of the Court
The opinion of the Court was delivered by
This is an action for dower. The complaint alleges: “That on the day of October or December, 1888,” the plaintiff and John Frierson Woodward were married, and that, during her coverture with him, he “was seized and possessed in fee of the ■following tracts of land.” Thereafter thirteen tracts are particularly described in the complaint, but not in numerical or successive order. After the description of eleven tracts, each under a separate subdivision, the fifth paragraph of the complaint follows, in which it is stated which of the defendants has possession of each of the tracts previously described. Then follow paragraphs 6 and 7 which describe two more tracts. The eighth and last paragraph is as follows: “That the plaintiff is entitled to her dower in all of the tracts of land above described and the same is withheld from her by these defendants.”
The defendants 'moved for an order to strike out certain allegations of the complaint, as irrelevant and redundant, and failing in that, to require plaintiff to make her complaint more definite and certain by alleging: 1. The exact date of her marriage. 2. By what right she claims dower in the tracts described in paragraphs 6 and 7 of the complaint. 3. Which of the defendants is in possession of said tracts.
Appeal dismissed.
Reference
- Full Case Name
- Woodward v. Woodward.
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- L Ále adikgs — Dower.—In an action for dower claimant need not allege the date of her marriage, an allegation of seizin during coverture being- sufficient. An allegation that she is entitled to dower in the following tracts of land described in a following paragraph followed by a general allegation that the defendants' withhold the. same from her, without indicating which defendant is in possession of .the tracts, is sufficient. 2. Ibid. — Appeae.—An order refusing to strike out allegations in a complaint as irrelevant and redundant is not appealable.