Copeland v. Kehoe
Supreme Court of Alabama
APPEAL from the Chancery Court of Barbour. Heard before the Hon. Neil Smith Gbai-iam. The bill in this cause was filed July 20,1874, by John E.Kehoe and Andrew J. Ramsey (appellees), partners in trade, who, on the 27th of August, 1873, entered into a written contract with Vm, P. Copeland, appellant, to build brickwork on a certain store-house in the city of Eufaula.
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APPEAL from the Chancery Court of Barbour. Heard before the Hon. Neil Smith Gbai-iam. The bill in this cause was filed July 20,1874, by John E.Kehoe and Andrew J. Ramsey (appellees), partners in trade, who, on the 27th of August, 1873, entered into a written contract with Vm, P. Copeland, appellant, to build brickwork on a certain store-house in the city of Eufaula. Ap- ■ pel lees fully executed and completed their pai’t of the contract, and the brick-work done by them was duly received-by said Copeland, and said appellees were discharged by said Copeland, after finishing and receiving such…
1Opinion of the CourtManning, J.
A wife may acquire property from her husband by gift, or in payment of moneys of her statutory *248separate estate that he has spent or used.—Goree v. Walthall, 44 Ala. 161; Northington v. Faber, 52 Ala. 45. And if a husband, having in hand such moneys of his wife, should, upon an agreement with her, or without such an agreement, convey property to her as purchaser, in consideration of such moneys as the price thereof — although under the clause in section 2374 of the Revised Code, “husband and wife can not contract with each other for the sale of any property” — she might repudiate the purchase…
2Cases cited5 opinions
- Warfield v. RavesiesSupreme Court of Alabama · 1863
- Mulhall v. WilliamsSupreme Court of Alabama · 1858
- Gunn v. Samuel's Adm'rSupreme Court of Alabama · 1858
- Northington v. FaberSupreme Court of Alabama · 1875
- Goree v. WalthallSupreme Court of Alabama · 1870
3Cited by5 opinions
- Goodlett v. HansellSupreme Court of Alabama · 1880
- Copeland v. Kehoe & RamseySupreme Court of Alabama · 1880
- Loeb & Brother v. ManassesSupreme Court of Alabama · 1885
- Belcher v. ScruggsSupreme Court of Alabama · 1899
- Cook v. Bolling & SonSupreme Court of Alabama · 1892