Legal Opinion

Allen v. Terry

Supreme Court of Alabama

Decided December 15, 1882PublishedCited by 7 opinions

Appeal from Jefferson Chancery Court. Heard before Hon. Thomas Cobbs. The facts are sufficiently stated in the opinion. cited Roper v. Roper, 29 Ala. 247; Anclrexos v.- Huokabee's Admlr, 30 Ala. 144; Weems, lúx'r v. Bryan, 21 Ala. 302; s. o. 25 Ala. 195; Newlin, Fernley (& Go. v‘. McAfee, 64 Ala. 357; Short v. Battle, 52 Ala. 456; Acker v. Bender, 33 Ala. 230; Bates v. Bank. 2 Ala. 451; Nesbitt v. Drev>, 17 Ala. 379; Whitsett v. Womack, 8 Ala. 466. cited 1 Bisli. on Married…

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Appeal from Jefferson Chancery Court. Heard before Hon. Thomas Cobbs. The facts are sufficiently stated in the opinion. cited Roper v. Roper, 29 Ala. 247; Anclrexos v.- Huokabee's Admlr, 30 Ala. 144; Weems, lúx'r v. Bryan, 21 Ala. 302; s. o. 25 Ala. 195; Newlin, Fernley (& Go. v‘. McAfee, 64 Ala. 357; Short v. Battle, 52 Ala. 456; Acker v. Bender, 33 Ala. 230; Bates v. Bank. 2 Ala. 451; Nesbitt v. Drev>, 17 Ala. 379; Whitsett v. Womack, 8 Ala. 466. cited 1 Bisli. on Married Women, 844-6, 859, 867; Fernley v. McAfee, 64 Ala. 366; Pybus v. Smith, 3 Pro. (C. 0.) 340; Parkes v. White, 11 Ves.…

1Opinion of the CourtSomerville, J.

— The present bill is filed by Mrs. Virginia Z. Allen, and the trustee of her separate estate, for the main purpose of charging the estate of her deceased husband with the rents, income and profits of such separate estate collected by the husband during his life-time. The property, from which these rents and incomes accrued, is claimed by the wife under the provisions of a marriage settlement by which the husband, Robert Allen, conveyed it to her trustee, Terry, “ for her sole and separate use, benefit and behoof.” There is no controversy about the fact that the words used in the conveyance…

2Cases cited9 opinions

  1. Gordon, Rankin & Co. v. TweedySupreme Court of Alabama · 1881
  2. Short v. BattleSupreme Court of Alabama · 1875
  3. Marks v. CowlesSupreme Court of Alabama · 1875
  4. Castleman v. JeffriesSupreme Court of Alabama · 1877
  5. Jones v. ReeseSupreme Court of Alabama · 1880

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3Cited by7 opinions

  1. Smyth v. FitzsimmonsSupreme Court of Alabama · 1892
  2. Carter v. Worthington & SmithSupreme Court of Alabama · 1886
  3. Ladd v. SmithSupreme Court of Alabama · 1894
  4. Lee v. LeeSupreme Court of Alabama · 1884
  5. Scharf v. MooreSupreme Court of Alabama · 1893

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