Wallace v. Feibelman
Supreme Court of Alabama
Appeal from Marengo Law & Equity Court. Heard, before Hon. Edward J. Gilder. Ejectment by H. A. Feibelman, against Dina Wallace and others. Judgment for plaintiff and defendant appeals.
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Appeal from Marengo Law & Equity Court. Heard, before Hon. Edward J. Gilder. Ejectment by H. A. Feibelman, against Dina Wallace and others. Judgment for plaintiff and defendant appeals. The voluntary assent of the wife and her signature to the conveyance of the homestead to her is not an essential under our constitution and statutes, — Turner v. Bernheimer, 95 Ala. 244; section 2058, Code 1896; section 205 Constitution 1901; Thompson on Homestead, section 474; 28 Wise. 85. The deed to the children Avas admissible as color of title. — Henry v. Brown, 148 Ala. 446; Davis v. Arnold, 143 Ala.…
1Opinion of the Court
de GRAFFÉNRIED, J.
A conveyance by the husband of his homestead to his wife, if accepted by the wife, is, under the laws of this state, a valid conveyance of the legal title, although the Avife may not sign or aclmoAvledge the conveyance. — Turner v. Bernheimer, *59195 Ala. 244, 10 South. 750, 36 Am. St. Bep. 207. A conveyance hy the husband of his homestead to any person other than his Avife is, unless the conveyance is voluntarily signed and acknoAvledged by his wife, separately and apart from the husband, void under the laws of this state. — Const. Ala. 1901, § 205; Code of Alabama, 1907, § 4161.
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2Cases cited2 opinions
- Turner v. BernheimerSupreme Court of Alabama · 1891
- Bassett v. PowellSupreme Court of Alabama · 1912
3Cited by11 opinions
- Ruffin v. CrowellSupreme Court of Alabama · 1950
- Deramus v. DeramusSupreme Court of Alabama · 1920
- Phillips v. SmithSupreme Court of Alabama · 1926
- Burgin v. HodgeSupreme Court of Alabama · 1922
- Lazenby v. LazenbySupreme Court of Alabama · 1934
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