McBryde's Heirs v. Wilkinson
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. Wade Keyes. This bill was filed by Beverly N. -Wilkinson, against the heirs-at-law of Mrs. Jane A. E. McBryde, deceased, seeking to enjoin an action at law for the recovery of a tract of land, and to reform the certificate of acknowledgment of one of the deeds through which the complainant deduces his title to the land. The complainant purchased from one Homer Black-man, and took from him a quit-claim deed.
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. Wade Keyes. This bill was filed by Beverly N. -Wilkinson, against the heirs-at-law of Mrs. Jane A. E. McBryde, deceased, seeking to enjoin an action at law for the recovery of a tract of land, and to reform the certificate of acknowledgment of one of the deeds through which the complainant deduces his title to the land. The complainant purchased from one Homer Black-man, and took from him a quit-claim deed. Blackman purchased from Mrs. McBryde and her husband, and received from them a joint deed, at the foot of which was…
1Opinion of the Court
RICE, C, J.
-By the old law, a married' woman could only convey her lands by fine or common recovery, both of which were alienations by matter of record of great solemnity. Our statute of 1803 (Clay’s Digest, 155, § 27) abolished that mode of conveyance, and provided, that “ no estate of a *666feme covert, in any lands, tenements, or hereditaments, lying and being in this State, shall pass” except by her deed or conveyance, and then only upon the compliance with the two following requisites, to-wit: 1st, that she should make a previous-acknowledgment, on a private examination apart from her…
2Cases cited3 opinions
- Reynolds v. BellSupreme Court of Alabama · 1841
- Doe ex dem. Hughes v. WilkinsonSupreme Court of Alabama · 1852
- Wood v. WhiteSupreme Judicial Court of Maine · 1850
3Cited by12 opinions
- Jenkins v. HarrisonSupreme Court of Alabama · 1880
- Wife v. DarginSupreme Court of Alabama · 1880
- Doe ex dem. Hughes v. WilkinsonSupreme Court of Alabama · 1860
- Forrester v. Reliable Transfer Co.Washington Supreme Court · 1910
- Howell v. CardenSupreme Court of Alabama · 1891
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