Petty v. Boothe
Supreme Court of Alabama
EmtoR to the Chancery Court of Barbour. Tried before the- Hon. J. W. Losesne. 1.. Under the marriage settlement, Boothe,, the husband,’, retained an interest for life in the property, therein mentioned. The deed recites that the property is to be and remain in possession of Boothe, fon the benefit of the parties. — 15 Ala. .169. The property was to bo held by Boothe, for the “ benefit of the partiesthat is, for the benefit of the parties to the deed.
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EmtoR to the Chancery Court of Barbour. Tried before the- Hon. J. W. Losesne. 1.. Under the marriage settlement, Boothe,, the husband,’, retained an interest for life in the property, therein mentioned. The deed recites that the property is to be and remain in possession of Boothe, fon the benefit of the parties. — 15 Ala. .169. The property was to bo held by Boothe, for the “ benefit of the partiesthat is, for the benefit of the parties to the deed. In -. law, the husband and wife are one person, and when property is vested in husband and wife, it is held by the husband in his own ¡ right. —…
1Opinion of the CourtDargan, C. J.
John P, Boothe and Martha R. W, Hodges, just before their intermarriage, entered into a contract respecting her property, which is in the following language; “ Whereas a marriage is about to be solemnized- between John ,P. Boothe and Martha R. W. Hodges, and the said Martha is likely to bring into the marriage property of some value, and it being uuMiao.u mar piovit-icn sixmo to made lor her mamtainance and support, the said Boothe having children by a former marriage, it is therefore agreed and stipulated, that the real estate and negroes that were devised to the said Martha by her father,…
2Cases cited3 opinions
- Pollard v. MerrillSupreme Court of Alabama · 1849
- Allen v. WhiteSupreme Court of Alabama · 1849
- Moss v. McCallSupreme Court of Alabama · 1847
3Cited by26 opinions
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- Henry v. WhiteSupreme Court of Alabama · 1952
- Hardee v. HardeeSupreme Court of Alabama · 1956
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