Armstrong v. Connor
Supreme Court of Alabama
Appeal from the Chancery Court of Pike. Heard before the Hon. John A. Foster. The bill in this case was filed, on what day the record does not show, by Mrs. Clemmie Armstrong, the wife of Charles Armstrong, against Martin Connor áncl James K. Murphree; and sought the cancellation, of a conveyance executed by the complainant and her husband to said Connor, as a cloud on her title to the land.
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Appeal from the Chancery Court of Pike. Heard before the Hon. John A. Foster. The bill in this case was filed, on what day the record does not show, by Mrs. Clemmie Armstrong, the wife of Charles Armstrong, against Martin Connor áncl James K. Murphree; and sought the cancellation, of a conveyance executed by the complainant and her husband to said Connor, as a cloud on her title to the land. The conveyance was dated February 6th, 1877, and recited a consideration of $510 in hand paid; being the same deed which was involved in the case of Connor v. Armstrong, ante, p. 262. The bill alleged…
1Opinion of the CourtStone, C. J.
If the bill in this case had shown that complainant had a legal title to the land on which she could have sued at law, then, being out of possession, she could obtain no relief in chancery, on a bill which had no other equitable aim than a removal of a cloud from her title. Peebles v. Burns, 77 Ala. 290. And a mortgage executed by husband and wife, by which they attempt to convey her statutory separate estate, if executed prior 'to our late statute on the subject — February 28, 1887 — is absolutely void, and opposes no bar to the assertion of her right in a court of law. — 3 Brick. Dig. 553,…
2Cases cited3 opinions
- Harden v. Darwin & PulleySupreme Court of Alabama · 1884
- Peeples v. BurnsSupreme Court of Alabama · 1884
- Snyder v. GloverSupreme Court of Alabama · 1883
3Cited by7 opinions
- Shannon v. LongSupreme Court of Alabama · 1912
- Lansden v. BoneSupreme Court of Alabama · 1890
- Wilkinson v. WilkinsonSupreme Court of Alabama · 1900
- Echols v. HubbardSupreme Court of Alabama · 1890
- Osborne v. CooperSupreme Court of Alabama · 1896
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