Cox v. Holcomb
Supreme Court of Alabama
Appeal from the Chancery Court of Pickens. Heard before the Hon. Thos. W. Coleman. The bill in this case was filed by Mrs. Martha Cox, against D. G. Holcomb as the administrator of the estate of Bobert Bridges, deceased, and Mrs. Frances Bridges, who was the widow of said Bobert Bridges and the mother of the complainant ; and sought relief against a defective conveyance of a tract of land, executed by said Bridges and wife to the complainant, on the facts stated in the…
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Appeal from the Chancery Court of Pickens. Heard before the Hon. Thos. W. Coleman. The bill in this case was filed by Mrs. Martha Cox, against D. G. Holcomb as the administrator of the estate of Bobert Bridges, deceased, and Mrs. Frances Bridges, who was the widow of said Bobert Bridges and the mother of the complainant ; and sought relief against a defective conveyance of a tract of land, executed by said Bridges and wife to the complainant, on the facts stated in the opinion of the court. The chancellor sustained a demurrer to the bill for want of equity, and his decree is here assigned as…
1Opinion of the CourtClopton, J.
On October 22, 1878, Robert Bridges and his wife, Prances Bridges, joined in a conveyance of real estate to appellant, upon a recited valuable consideration. The land conveyed included the homestead of the grantor. The officer’s certificate of the wife’s acknowledgment does not show a substantial compliance with the form prescribed by the statute in such cases — it omits to affirm a privy examination of the wife, and to exclude fear, constraint, or threats on the part of the husband. Appellant seeks by his bill to vacate and annul proceedings in the Probate Court, by which the homestead…
2Cases cited10 opinions
- Jenkins v. HarrisonSupreme Court of Alabama · 1880
- Wife v. DarginSupreme Court of Alabama · 1880
- Wannall v. KemSupreme Court of Missouri · 1872
- Russell v. RumseyIllinois Supreme Court · 1864
- Gardner v. MooreSupreme Court of Alabama · 1883
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Griffith v. VentressSupreme Court of Alabama · 1890
- Ben Cheeseman Realty Co. v. ThompsonSupreme Court of Alabama · 1927
- Forrester v. Reliable Transfer Co.Washington Supreme Court · 1910
- Thomas v. DavisSupreme Court of Alabama · 1941
- Sims v. GunterSupreme Court of Alabama · 1918
8 more not listed; retrieve them via the Exa API.