Roper v. Roper
Supreme Court of Alabama
Appeal from the Chancery Court o'f Lowndes. Tried before the Hon. Wade Keyes. This bill was filed by Mrs. Louisa P. Roper, suing by Her nest friend, against her husband, Joseph'E. Roper ; audits object was, to remove him from the trusteeship of her separate estate, and to compel an account and settlement of the trust.
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Appeal from the Chancery Court o'f Lowndes. Tried before the Hon. Wade Keyes. This bill was filed by Mrs. Louisa P. Roper, suing by Her nest friend, against her husband, Joseph'E. Roper ; audits object was, to remove him from the trusteeship of her separate estate, and to compel an account and settlement of the trust. The complainant’s separate estate was secured to her by an ante-nuptial contract, executed March 18, 1850, by which, in contemplation of her marriage with the defendant, all the property of which she was then seized and possessed, both real and personal, was conveyed to the said…
1Opinion of the CourtWalker, J.
It is alleged in complainant's bill, and, in effect, admitted in the answer, that the appellant has in his possession the property vested, by ante-nuptial deed, in him, as trustee for the exclusiye use of his wife during her life ; and that he denies the wife’s right to control and manage the same. By the ante-nuptial deed, the naked legal title alone is vested in the trustee : no duties are imposed upon him, to the discharge of which the control and possession of the property are necessary. The intention thát the trustee shall control and possess the property is not indicated by the deed.…
2Cases cited9 opinions
- Pharis v. LeachmanSupreme Court of Alabama · 1852
- Hoot v. SorrellSupreme Court of Alabama · 1847
- Andrews v. AndrewsSupreme Court of Alabama · 1856
- Bradford v. Greenway, Henry & SmithSupreme Court of Alabama · 1850
- Collins v. RudolphSupreme Court of Alabama · 1851
4 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Gordon, Rankin & Co. v. TweedySupreme Court of Alabama · 1881
- Short v. BattleSupreme Court of Alabama · 1875
- Early & Lane v. OwensSupreme Court of Alabama · 1880
- Gunter v. WilliamsSupreme Court of Alabama · 1867
- Cowles v. MorganSupreme Court of Alabama · 1859
18 more not listed; retrieve them via the Exa API.