Whitehead v. Brown
Supreme Court of Alabama
Error to the Chancery Court of Marion. Tried before the Hon. W. W. Mason. The bill in this case was filed by the plaintiff in error, by her next friend, against the defendant in error, to reform a deed, and for an account, &c.
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Error to the Chancery Court of Marion. Tried before the Hon. W. W. Mason. The bill in this case was filed by the plaintiff in error, by her next friend, against the defendant in error, to reform a deed, and for an account, &c. It alleges that William Smith, the father of the complainant, on the 3d November 1838, executed a deed of gift, by which he conveyed certain lands and a slave “to her. during her natural life, and after her death, to her heirs forever;” that at the time of its execution she was the wife of Archibald Whitehead, who was insolvent, and prodigal and wasteful, and that in…
1Opinion of the CourtParsons, J.
As the deed was written, it conveyed the property to the complainant, during her natural life, and after-wards to her heirs, without any exclusion of her husband. His marital rights, therefore, attached.
But it is fully and strongly stated in the bill that her father, the grantor, intended to exclude the husband wholly; that he took unusual trouble about the preparation of the deed with that view, and that from the time of its execution, he and the complainant rested satisfied that such was its effect, until after his death, the complainant was disturbed in the enjoyment of her property, and…
2Cases cited1 opinion
- Stone v. HaleSupreme Court of Alabama · 1850
3Cited by9 opinions
- Alexander v. ReaSupreme Court of Alabama · 1874
- Williams v. HatchSupreme Court of Alabama · 1862
- Hall v. HallSupreme Court of Alabama · 1869
- Lewis v. WellsSupreme Court of Alabama · 1874
- Carpenter Paper Co. v. WilcoxNebraska Supreme Court · 1897
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