House v. Mullen
Supreme Court of the United States
Appeal from the District Court for the Middle District of Alabama. On the 27th of November, 1871, Eliza House filed a bill in chancery, in the court below, against Andrew Mullen and twenty-one others.
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Appeal from the District Court for the Middle District of Alabama. On the 27th of November, 1871, Eliza House filed a bill in chancery, in the court below, against Andrew Mullen and twenty-one others. The bill set forth that on the 16th of March, 1838, the said Eliza being then a married woman, a conveyance was made by one Lawrence to a certain Gibson, for the consideration of $2700, of the half or undivided moiety of lot No. 22, in the town of Selma, Alabama; that by mistake this was recorded as a conveyance of the-half of the undivided moiety of said lot; that by the terms of the conveyance…
1Opinion of the CourtJustice Miller
The fourth ground of demurrer — that the bill shows that the claim was stale, barred by the statute, &c. — is sufficiently answered by the averment of the bill that the plaintiff, Eliza House, was a feme covert from the time she parted with the possession until the year 1868, the bill being filed in 1871.
The third ground — that the defendants are improperly joined — is equally indefensible, as the bill shows that defendants all claim through a deed from her, which deed she alleged to be void for want of her free consent in making it.
If the case should come to a hearing the contest must turn…
2Cited by36 opinions
- Costello v. United StatesSupreme Court of the United States · 1961
- Weeks v. Bareco Oil Co.Court of Appeals for the Seventh Circuit · 1941
- Hooven, Owens & Rentschler, Co. v. John Featherstone's SonsCourt of Appeals for the Eighth Circuit · 1901
- Kendig v. DeanSupreme Court of the United States · 1878
- Franz v. BuderCourt of Appeals for the Eighth Circuit · 1926
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