Woodstock Iron Co. v. Richardson
Supreme Court of Alabama
Appeal from the Circuit Court of Calhoun. Tried before the Hon. Leroy F. Box. This action was brought by Lucy Bichardson and others, children and heirs at law of Winfrey Bonds, deceased, against the Woodstock Iron Company, and others; and was commenced on the 20th April, 1889. The tract of land sued for contained 160 acres, and had been the homestead of said Winfrey Bonds and' his wife for several years prior to April, 1879, when he contracted to sell it to C. A. Sprague,…
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Appeal from the Circuit Court of Calhoun. Tried before the Hon. Leroy F. Box. This action was brought by Lucy Bichardson and others, children and heirs at law of Winfrey Bonds, deceased, against the Woodstock Iron Company, and others; and was commenced on the 20th April, 1889. The tract of land sued for contained 160 acres, and had been the homestead of said Winfrey Bonds and' his wife for several years prior to April, 1879, when he contracted to sell it to C. A. Sprague, under whom the other defendants claimed; and the only question in the case was the validity of his deed to said Sprague,…
1Opinion of the CourtColeman, J.
— When this case was before the court at a former term, it was held that a conveyance of the homestead, in all respects effectual for that purpose, except that it was not acknowledged by the wife as required by law, was a nullity; and that a proper acknowledgment made by the wife after the death of the husband did not defeat or affect the title of the heirs. This conclusion necessarily resulted from well settled principles of law as declared by repeated decisions of this court, and many of them being referred to in the opinion. Richardson v. Woodstock Iron Co., 90 Ala. 268.
The question…
2Cases cited2 opinions
- Jenkins v. HarrisonSupreme Court of Alabama · 1880
- Mitchell v. . BartlettNew York Court of Appeals · 1873
3Cited by11 opinions
- Cross v. Bank of EnsleySupreme Court of Alabama · 1919
- Edinburgh American Land Mortgage Co. v. PeoplesSupreme Court of Alabama · 1893
- Parks v. BarnettSupreme Court of Alabama · 1893
- Jemison v. HowellSupreme Court of Alabama · 1935
- Lazenby v. LazenbySupreme Court of Alabama · 1934
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