Turner v. Bernheimer
Supreme Court of Alabama
Appeal from tlie Circuit Court of Mobile. Tried before tbe Hon. Wi. E. Clarke. This action was brought by Charles Bernheimer against Lewis W. Turner and his wife, Mrs. Sarah A. Turner, to recover the possession of a house and lot in the oity of Mobile; and was commenced on the 4th April, 1891. The defendants pleaded not guilty, and the cause was tried on issue joined on that plea.
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Appeal from tlie Circuit Court of Mobile. Tried before tbe Hon. Wi. E. Clarke. This action was brought by Charles Bernheimer against Lewis W. Turner and his wife, Mrs. Sarah A. Turner, to recover the possession of a house and lot in the oity of Mobile; and was commenced on the 4th April, 1891. The defendants pleaded not guilty, and the cause was tried on issue joined on that plea. The plaintiff claimed the land as purchaser at execution sale against said L. "W. Turner, on the 25th August, 1890; the execution having been levied on the 23d June, 1890, and issued on a judgment against said…
1Opinion of the CourtMoCLELLAN, J.
Tbe fate of this appeal depends entirely upon whether tbe husband can convey lands which constitute tbe family homestead to tbe wife, tbe deed to that end being executed by himself alone, but delivered to and accepted by her.
Both tbe organic and tbe statute law of Alabama declare, that no alienation of tbe homestead shall be valid without tbe voluntary signature and assent of tbe wife to tbe instrument intended to have that effect. Tbe “Married Woman’s Law” of 1887 removed tbe legal disabilities theretofore existing between husband and wife to tbe extent, among others, of enabling the husband…
2Cases cited4 opinions
- Burkett v. BurkettCalifornia Supreme Court · 1889
- Trawick v. DavisSupreme Court of Alabama · 1888
- Harsh v. GriffinSupreme Court of Iowa · 1887
- Spoon v. Van FossenSupreme Court of Iowa · 1880
3Cited by18 opinions
- Ruffin v. CrowellSupreme Court of Alabama · 1950
- First Alabama Bank of Dothan v. RenfroSupreme Court of Alabama · 1984
- Lewis v. LewisSupreme Court of Alabama · 1917
- Priddy v. TaborCourt of Appeals of Texas · 1916
- Thompson v. New England Mortgage Security Co.Supreme Court of Alabama · 1895
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