Boyleston v. Farrior
Supreme Court of Alabama
Appeal from the Chancery Court of Barbour. Heard before the Hon. N. S. Graham. The bill in this case was filed on the 8th January, 1878, by Mrs. Victoria Boyleston, the wife of Joseph C. Boyleston, against William'M. Farrior, D. W. McRee, and her said husband ; and sought, principally, the cancellation of a deed, by which her husband conveyed to said Farrior atract of land, which the complainant claimed under a deed of gift from her father, Franklin Auglin, as belonging to…
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Appeal from the Chancery Court of Barbour. Heard before the Hon. N. S. Graham. The bill in this case was filed on the 8th January, 1878, by Mrs. Victoria Boyleston, the wife of Joseph C. Boyleston, against William'M. Farrior, D. W. McRee, and her said husband ; and sought, principally, the cancellation of a deed, by which her husband conveyed to said Farrior atract of land, which the complainant claimed under a deed of gift from her father, Franklin Auglin, as belonging to her statutory separate estate. The deed of gift was made an exhibit to the bill, and was dated the 22d December, 1855. It…
1Opinion of the CourtBbickell, C. J.
It is settled by former decisions, which we are unwilling to disturb, that a married woman can not, directly or indirectly, whether by mortgage or absolute deed, convey her statutory separate estate as a security for, or in consideration of the debt of her husband.' — Weil v. Pope, 53 Ala. 585; Williams v. Bass, 57 Ala. 487. These authorities also indicate that, at her instance', a court of equity will intervene, and rescind a conveyance founded upon such consideration, though there may not be fraud or duress, and no averment or evidence of improvidence in the transaction. There was,…
2Cases cited2 opinions
- Weil & Brother v. PopeSupreme Court of Alabama · 1875
- Williams, Birnie & Co. v. BassSupreme Court of Alabama · 1877
3Cited by6 opinions
- Harden v. Darwin & PulleySupreme Court of Alabama · 1884
- Heard v. HicksSupreme Court of Alabama · 1886
- Bone v. LansdenSupreme Court of Alabama · 1888
- Snyder v. GloverSupreme Court of Alabama · 1883
- Simms v. KellySupreme Court of Alabama · 1881
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