Simms v. Kelly
Supreme Court of Alabama
Appeal from the Chancery Court of Lawrence. Heard before the Hon. H. O. Speake. The bill in' this case was filed on the 27th September, 1878, by Mrs. Mollie F. Simms, the wife of Edgar T. Simms, against her said husband and one Terence Kelly; and sought the cancellation of a conveyance of lands by complainant and her husband to said Kelly, so far as it affected the complainant’s estate in said lands, on the ground that her interest therein was a statutory estate, and that…
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Appeal from the Chancery Court of Lawrence. Heard before the Hon. H. O. Speake. The bill in' this case was filed on the 27th September, 1878, by Mrs. Mollie F. Simms, the wife of Edgar T. Simms, against her said husband and one Terence Kelly; and sought the cancellation of a conveyance of lands by complainant and her husband to said Kelly, so far as it affected the complainant’s estate in said lands, on the ground that her interest therein was a statutory estate, and that the consideration of the conveyance to Kelly was the payment or security of her husband’s debts. The complainant claimed a…
1Opinion of the CourtStone, J.
The ante-nuptial conveyance made by Edgar T. Simms to Miss DeGraffenreid contains no words which exclude the marital rights. It was executed and delivered while the grantee, the appellant in this cause, was.a femme sole, and conveyed to her a life-estate, with reversion to the grantor. She, consequently, became and was a life-tenant of the freehold when she became the wife of Hr. Simms. This brings her title to the land in controversy directly within the influence of the constitution, and of sections 2505 and 2506 of the Code of 1876. It is property which was held by her previous to the…
2Cases cited4 opinions
- Lee v. TannenbaumSupreme Court of Alabama · 1878
- Williams, Birnie & Co. v. BassSupreme Court of Alabama · 1877
- Boyleston v. FarriorSupreme Court of Alabama · 1879
- Shulman v. FitzpatrickSupreme Court of Alabama · 1878
3Cited by3 opinions
- Heard v. HicksSupreme Court of Alabama · 1886
- Snyder v. GloverSupreme Court of Alabama · 1883
- Parker v. WimberlySupreme Court of Alabama · 1884