Brackin v. Newman
Supreme Court of Alabama
Appeal from the Chancery Court of Henry. Heard before the Hon. Jeee N. Williams. Martha E. Brackin, haying money of her separate estate, arising from the rent and sale of her land, agreed with her husband by parol that it should be reinvested in land for her benefit. It was invested by him in land, but he took the deed in his own name. He went into .possession, and used and claimed it as his own land, which was known to his wife.
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Appeal from the Chancery Court of Henry. Heard before the Hon. Jeee N. Williams. Martha E. Brackin, haying money of her separate estate, arising from the rent and sale of her land, agreed with her husband by parol that it should be reinvested in land for her benefit. It was invested by him in land, but he took the deed in his own name. He went into .possession, and used and claimed it as his own land, which was known to his wife. He mortgaged the land to secure the payment of his own indebtedness, his wife joining in the mortgage. This mortgage was foreclosed under the power contained in it…
1Opinion of the CourtMcOLELLAN, C. J.
— If the complainant intended to present her -whole case in the amended bill she should have stricken out the original bill. Failing this the two together are to be taken as constituting the bill of complaint in the cause to which the demurrer of August 17th, 1898, was interposed. — Taunton & Brooks v. McIntosh, 46 Ala. 619; Adams v. Phillips, 75 Ala. 461; American Freehold Land Mortgage Co. v. Sewell, 92 Ala. 163.
That the original and amended bills considered together present a case for relief which is barred by the statute of limitations of ten years, there can be no sort of doubt. The bill…
2Cases cited3 opinions
- American Freehold Land Mortgage Co. v. SewellSupreme Court of Alabama · 1890
- Adams v. PhillipsSupreme Court of Alabama · 1883
- Taunton & Brooks v. McInnishSupreme Court of Alabama · 1871
3Cited by20 opinions
- Veitch v. Woodward Iron Co.Supreme Court of Alabama · 1917
- Haney v. LeggSupreme Court of Alabama · 1900
- Leddon v. StricklandSupreme Court of Alabama · 1928
- Miles v. RhodesSupreme Court of Alabama · 1930
- Fowler v. FowlerSupreme Court of Alabama · 1921
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