Bibb v. Pope
Supreme Court of Alabama
Appeal from Chancery Court of Montgomery. Heard before the Hon. N. W. Cocke. The opinion contains the facts of this cause. 1. The sole question raised by the pleadings and proof in this case below, was, whether a married woman can mortgage her seperate statutory estate, by joining in the conveyance with her husband, and having it attested by two witnesses, as prescribed by Code, § 2373. 2. That she can convey absolutely, by complying with requirements of section 2373, is…
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Appeal from Chancery Court of Montgomery. Heard before the Hon. N. W. Cocke. The opinion contains the facts of this cause. 1. The sole question raised by the pleadings and proof in this case below, was, whether a married woman can mortgage her seperate statutory estate, by joining in the conveyance with her husband, and having it attested by two witnesses, as prescribed by Code, § 2373. 2. That she can convey absolutely, by complying with requirements of section 2373, is supported by an unbroken chain of decisions from 21st to 39th Alabama, and while the precise question raised in this…
1Opinion of the CourtPeters, J.
On the 5th April, 1866, Augustus Pope, *197the husband of Mrs. Evelyn Pope, appellee, borrowed of J. DuBose Bibb, appellant, the sum of $10,000, for which he gave his bill of exchange for $12,400, payable eight months after date, to the order of said Bibb. On the same day said Augustus Pope executed and delivered to said Bibb a certain conveyance in writing, in the form of a mortgage, whereby he conveyed to Bibb certain lands therein named, which belonged to himself, and a lot, numbered 57, in the city of Montgomery, in this State, which was the separate property of his wife, said Evelyn Pope.…
2Cases cited7 opinions
- Johnson v. ThweattSupreme Court of Alabama · 1851
- Charles v. DuboseSupreme Court of Alabama · 1856
- Warfield v. RavesiesSupreme Court of Alabama · 1863
- Boney v. HollingsworthSupreme Court of Alabama · 1853
- Patterson v. FlanaganSupreme Court of Alabama · 1861
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- McDonald v. Mobile Life InsuranceSupreme Court of Alabama · 1876
- Pippen v. . WessonSupreme Court of North Carolina · 1876
- Lee v. TannenbaumSupreme Court of Alabama · 1878
- Steed v. KnowlesSupreme Court of Alabama · 1885
- Prince v. PrinceSupreme Court of Alabama · 1880
13 more not listed; retrieve them via the Exa API.