Dawson v. Burrus
Supreme Court of Alabama
Appeal from Russell Chancery Court. Heard before Hon John A. Poster. The bill in this cause was tiled on 17th April, 1877, by Burrus & Williams, a mercantile partnership residing and carrying on business in the city of Columbus, in the State of Georgia, against William Dawson and Barbara Dawson, his wife, for the purpose of foreclosing a mortgage executed by said defendants on 27th March, 1875, conveying a tract of land siutate in Russell county in this State, the equitable…
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Appeal from Russell Chancery Court. Heard before Hon John A. Poster. The bill in this cause was tiled on 17th April, 1877, by Burrus & Williams, a mercantile partnership residing and carrying on business in the city of Columbus, in the State of Georgia, against William Dawson and Barbara Dawson, his wife, for the purpose of foreclosing a mortgage executed by said defendants on 27th March, 1875, conveying a tract of land siutate in Russell county in this State, the equitable separate estate of Mrs. Dawson, the legal title to which was in one Dudley, as her trustee, and securing a note signed…
1Opinion of the CourtSomerville, J.
— When this case was last before us on appeal (Burrus & Williams v. Dawson, 66 Ala. 176), we sustained the mortgage, for the foreclosure of which the bill was filed, as a valid incumbrance upon the lands conveyed, which were held to be the equitable separate estate of the wife, and liable, therefore, to be charged and conveyed by her as if she were a feme sole.
The claim of homestead sought to be set up in the mortgaged lands is clearly without merit. These lands are the property of the wife, Mrs. Barbara Dawson, and not of her husband, being her equitable separate estate. In, such cases it is…
2Cases cited11 opinions
- Hunt v. AcreSupreme Court of Alabama · 1856
- Goetter, Weil & Co. v. PickettSupreme Court of Alabama · 1878
- Uhlfelder & Co. v. Carter's Adm'rSupreme Court of Alabama · 1879
- Bradford v. DanielSupreme Court of Alabama · 1880
- Bullard v. ThompsonTexas Supreme Court · 1872
6 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Ex parte Louisville & Nashville R. R.Supreme Court of Alabama · 1912
- Falls v. United States Savings, Loan & Building Co.Supreme Court of Alabama · 1892
- Cannon v. LindseySupreme Court of Alabama · 1887
- Lewis v. HickmanSupreme Court of Alabama · 1917
- Burroughs v. Pacific Guano Co.Supreme Court of Alabama · 1886
23 more not listed; retrieve them via the Exa API.