Collier v. Alexander
Supreme Court of Alabama
Appeal from the City Court of Gadsden. Tried before the Hon. John H. Disque. This was a common law action of ejectment brought by the appellee, Mrs. N. M. F. Alexander, against the appellant, Mrs. E. F. S. Collier, to recover certain lands specifically described in the declaration. In the cleclalaration there was made three separate and distinct demises, one being laid in the Rome Fire Insurance Company, one in L. B. Stone as trustee, and the third in N. M. F. Alexander.
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Appeal from the City Court of Gadsden. Tried before the Hon. John H. Disque. This was a common law action of ejectment brought by the appellee, Mrs. N. M. F. Alexander, against the appellant, Mrs. E. F. S. Collier, to recover certain lands specifically described in the declaration. In the cleclalaration there was made three separate and distinct demises, one being laid in the Rome Fire Insurance Company, one in L. B. Stone as trustee, and the third in N. M. F. Alexander. The defendant pleaded the general issue of not guilty, and the trial was had upon issue joined upon this plea. The…
1Opinion of the CourtMcCLELLAN, C. J.
Prior to 1887 the statute confined the husband and wife’s power of alienation of her land to a sale, and provided the uses to which the proceeds of the sale should be devoted. — Bevised Code, § § 2373, 2374. The act of the year named, “To define the rights and liabilities of husband and wife,” confessedly was intended and obviously has the effect to enlarge the wife’s capacity in respect of her property. By it she is given the full legal capacity to contract as if she were sole, with the assent or concurrence of her husband expressed in. writing. By it also the general power to alienate her…
2Cited by11 opinions
- Alabama Power Co. v. ThompsonSupreme Court of Alabama · 1947
- Coppedge v. ClintonCourt of Appeals for the Tenth Circuit · 1934
- Napier v. StateCourt of Criminal Appeals of Alabama · 1977
- Cashion v. TorbertSupreme Court of Alabama · 2003
- Occidental Life Insurance Company of California, a Corporation v. Fred W. NicholsCourt of Appeals for the Fifth Circuit · 1954
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