Copeland v. Kehoe & Ramsey
Supreme Court of Alabama
Bill in Equity to Enforce, Mechanic's Lien. Appeal from Barbour Chancery Court. Heard before Hon. Neil S. Graham. In 1873 Kehoe & Ramsey contracted, in writing, with William P. Copeland to build the brick work of a warehouse in Eufaula. The work was completed by Kehoe & Ramsey, and approved by Copeland, but the latter failed to pay the entire amount due on the work.
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Bill in Equity to Enforce, Mechanic's Lien. Appeal from Barbour Chancery Court. Heard before Hon. Neil S. Graham. In 1873 Kehoe & Ramsey contracted, in writing, with William P. Copeland to build the brick work of a warehouse in Eufaula. The work was completed by Kehoe & Ramsey, and approved by Copeland, but the latter failed to pay the entire amount due on the work. The bill was filed to compel an account between Copeland and Kehoe & Ramsey, and to enforce the latter’s lien upon the property by a sale. The answer of Copeland averred ownership in his wife, and admitted the fact of a balance…
1Opinion of the Court
BB.ICKELL, O. J.
— This cause was before this court, at the December term, 1876, and it is reported in 57 Ala. 246. It was then declared the conveyance to Mrs. Copeland by her husband in satisfaction of his conversions of money, her statutory separate estate, was founded on a valuable consideration, and was not violative of the statutory provision, that “ husband and wife cannot contract with each other for the sale of any property.” It was also said, if by operation of that conveyance, the premises became'of the corpus of the statutory separate estate of the wife, it could not be charged '…
2Cases cited12 opinions
- Pickens v. OliverSupreme Court of Alabama · 1857
- Ex parte SchmidtSupreme Court of Alabama · 1878
- Durden v. McWilliamsSupreme Court of Alabama · 1858
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- Wimberly v. Mayberry & Co.Supreme Court of Alabama · 1891
- Randolph v. Builders & Painters Supply Co.Supreme Court of Alabama · 1894
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- Wilkinson v. RoweSupreme Court of Alabama · 1957
- Cincinnati, Richmond & Muncie Railroad v. SheraIndiana Court of Appeals · 1905
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