Legal Opinion

Allen v. Allen

Supreme Court of Alabama

Decided December 15, 1885PublishedCited by 1 opinion

Appeal from Jefferson Chancery Court. Heard before Hon. Thomas Cobbs. This cause was before the court at a former term. — Allen v. Terry, 73 Ala. 12'3. The facts sufficiently appear from the opinion taken in connection with the previous report.

1Opinion of the CourtStone, C. J.

There can be no question that the deed of conveyance from Robert Allen to John T. Terry, trustee, for the use and benefit of Mrs. Virginia Z. Allen, bearing the date of January 26, 1875, excluded the marital rights of the former, and vested in the latter, his then wife, an equitable separate estate, secured to her “sole and separate use, benefit and behoof.” The deed conveyed ten shares in a cotton factory, about which the present record presents but little contention. It also conveyed a two thirds interest in a house and lot in the city of Birmingham. The house in its lower floor consisted…

2Cases cited7 opinions

  1. Gordon, Rankin & Co. v. TweedySupreme Court of Alabama · 1881
  2. Trustees of Methodist Episcopal Church v. JaquesNew York Court of Chancery · 1817
  3. Newlin, Fernley & Co. v. McAfeeSupreme Court of Alabama · 1879
  4. Roper v. RoperSupreme Court of Alabama · 1856
  5. Allen v. TerrySupreme Court of Alabama · 1882

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3Cited by1 opinion

  1. Ladd v. SmithSupreme Court of Alabama · 1894

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