Garrett v. Lehman, Durr & Co.
Supreme Court of Alabama
Appeal from Circuit Court of Lowndes. Tried before Hon. James Q. Smith. The appellees, Lehman, Durr & Co., brought their real action of ejectment against the appellants, Eliza Garrett, and Andrew Garrett, her husband, to recover a tract of land in the possession of appellants.
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Appeal from Circuit Court of Lowndes. Tried before Hon. James Q. Smith. The appellees, Lehman, Durr & Co., brought their real action of ejectment against the appellants, Eliza Garrett, and Andrew Garrett, her husband, to recover a tract of land in the possession of appellants. There was no dispute as to the facts, which were as follows r Said Eliza and Andrew were married in Alabama in the year 1858, and have continuously resided together in this State, as husband and wife, ever since, and were at the time of suit brought, in possession of the premises sued for. The evidence showed that Mrs.…
1Opinion of the CourtBbickell, C. J.
It is true, as insisted by the counsel for the appellee, that the fraud which at. law will vitiate a conveyance as between parties and privies, must relate to its execution, and that no inquiry will be made into the sufficiency of its consideration. — Swift v. Fitzhugh, 9 Port. 39; Morris v. Harvey, 4 Ala. 300. The question presented, however, is not one of fraud, or of the adequacy of the consideration ; it is simply whether husband and wife may by mortgage convey lands, the statutory separate estate of the wife.
The deed of a wife at common law, whether executed by her alone, or jointly…
2Cases cited11 opinions
- Pickens v. OliverSupreme Court of Alabama · 1857
- Peeples v. StollaSupreme Court of Alabama · 1876
- Swift v. FitzhughSupreme Court of Alabama · 1839
- Warfield v. RavesiesSupreme Court of Alabama · 1863
- Bibb v. PopeSupreme Court of Alabama · 1869
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3Cited by5 opinions
- Steed v. KnowlesSupreme Court of Alabama · 1892
- Falk v. HechtSupreme Court of Alabama · 1883
- Snyder v. GloverSupreme Court of Alabama · 1883
- Lee v. SimsSupreme Court of Alabama · 1880
- Ridley v. EnnisSupreme Court of Alabama · 1881