Haden v. Ivey
Supreme Court of Alabama
Appeal from the Chancery Court at Montgomery. Heard before the Hon. Adam C. Felder. The bill in this case was filed on the 3d August, 1870, by Tempy Ivey, as the widow of John J. Ivey, deceased, against Wiley Haden and Joseph S. Downing; and sought to recover a tract of land, containing forty acres, which had been sold by the administrator of said Ivey, under an order of the probate court of said county, and bought at the sale by said Haden; also, a decree divesting the…
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Appeal from the Chancery Court at Montgomery. Heard before the Hon. Adam C. Felder. The bill in this case was filed on the 3d August, 1870, by Tempy Ivey, as the widow of John J. Ivey, deceased, against Wiley Haden and Joseph S. Downing; and sought to recover a tract of land, containing forty acres, which had been sold by the administrator of said Ivey, under an order of the probate court of said county, and bought at the sale by said Haden; also, a decree divesting the legal title to said land out of. the defendants, and vesting it in the complainant, with an'account of the rents and…
1Opinion of the CourtPeters, C. J.
The reasons which support the legality of the marriage in Stikes, adm’r, v. Swanson et al. (44 Ala. 633), apply equally to the marriage insisted on in this case. Here, matrimonial cohabitation of John J. Ivey and Tempy Ivey is shown, by the preponderance of the evidence, for near forty years. And this status of these parties is also affirmed by all the circumstances of the case. John J. Ivey was a freedman, and Tempy Ivey lived with him as his wife, in this State, for many years before his death, openly and publicly, without offence to the law, or the morals of the community. The reasons for…
2Cases cited3 opinions
- Worthington v. McRobertsSupreme Court of Alabama · 1846
- McLemore v. PinkstonSupreme Court of Alabama · 1857
- Stikes v. SwansonSupreme Court of Alabama · 1870
3Cited by2 opinions
- Scoggins v. StateSupreme Court of Arkansas · 1877
- Cantelou v. Doe ex dem. HoodSupreme Court of Alabama · 1876