McMillan v. Peacock
Supreme Court of Alabama
Appeal from Chancery Court of Dallas. Heard before Hon. Charles Turner. Appellant McMillan, as administrator of one Mims, filed this bill against George Peacock and Mary, his wife, praying-the foreclosure of a mortgage they had executed on the 22d day of June, 1867, to secure a loan of money, for which they had executed their joint note to appellant’s intestate.
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Appeal from Chancery Court of Dallas. Heard before Hon. Charles Turner. Appellant McMillan, as administrator of one Mims, filed this bill against George Peacock and Mary, his wife, praying-the foreclosure of a mortgage they had executed on the 22d day of June, 1867, to secure a loan of money, for which they had executed their joint note to appellant’s intestate. The original bill states that the mortgaged premises originally belonged to one Nicholas Smith, who on the 11th day of' April, 1866, sold and conveyed to George McMillan, who thereupon took possession, and afterwards, “ on the 21st…
1Opinion of the CourtBrickell, C. J.
The important inquiry this ease presents is, whether the mortgage is a conveyance of the wife’s statutory, or of her equitable separate estate. The deed creating it is not exhibited, but the bill and answers concur in averring it was a conveyance by the husband directly to the wife, in consideration of love and affection. In neither bill, or answer, is it averred that words excluding the marital rights of the husband were employed.
It is the settled law of this court that the statutes creating and defining the separate estates of married women, relate only to estates, which without…
2Cases cited10 opinions
- Pickens v. OliverSupreme Court of Alabama · 1857
- Deming v. WilliamsSupreme Court of Connecticut · 1857
- Short v. BattleSupreme Court of Alabama · 1875
- McWilliams v. RamsaySupreme Court of Alabama · 1853
- Andrews v. AndrewsSupreme Court of Alabama · 1856
5 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Manning v. PippenSupreme Court of Alabama · 1888
- Goodlett v. HansellSupreme Court of Alabama · 1880
- Lehman, Durr & Co. v. BryanSupreme Court of Alabama · 1880
- Powe v. McLeod & Co.Supreme Court of Alabama · 1884
- Pitts v. SheriffSupreme Court of Missouri · 1891
21 more not listed; retrieve them via the Exa API.