Heard v. Hicks
Supreme Court of Alabama
Appeal from the Chancery Court of Butler. Heard before tbe Hon. John A. Foster. The bill in this case was filed on the 17th July, 1886, by Mrs. Charlotte B. Hicks, a married woman, suing by her next friend, against her husband, James A. Hicks, and George P. Heard; and sought to have cancelled and set aside, as clouds on her title to certain lands, of which she was in possession, a mortgage of said lands to said George P. Heard,^signed by her and her husband, and several…
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Appeal from the Chancery Court of Butler. Heard before tbe Hon. John A. Foster. The bill in this case was filed on the 17th July, 1886, by Mrs. Charlotte B. Hicks, a married woman, suing by her next friend, against her husband, James A. Hicks, and George P. Heard; and sought to have cancelled and set aside, as clouds on her title to certain lands, of which she was in possession, a mortgage of said lands to said George P. Heard,^signed by her and her husband, and several subsequent conveyances thereof. The tract of land, which contained 360 acres, was conveyed to Mrs. Hicks, as the purchaser…
1Opinion of the CourtClopton, J.
— No principle of law is more decisively settled, than that a conveyance of her statutory separate estate by a marrfid woman, whose disabilities of coverture have not been removed, whether by mortgage or absolute deed, as security for, or in consideration of the debt of her husband, is void under our statutes. The conditions existing, the invalidity can not be avoided by any circuitous line or series of conveyances. A mortgage by a married woman and her husband of" her statutory separate estate, as security for the debt of her husband, followed by an absolute conveyance in payment of the…
2Cases cited3 opinions
- Williams, Birnie & Co. v. BassSupreme Court of Alabama · 1877
- Boyleston v. FarriorSupreme Court of Alabama · 1879
- Simms v. KellySupreme Court of Alabama · 1881
3Cited by7 opinions
- Lansden v. BoneSupreme Court of Alabama · 1890
- Hatter v. QuinaSupreme Court of Alabama · 1927
- Richardson v. StephensSupreme Court of Alabama · 1896
- Morriss v. O'ConnorSupreme Court of Alabama · 1921
- Hawkins v. RossSupreme Court of Alabama · 1893
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