Wilder v. Wilder
Supreme Court of Alabama
Appeal from the Chancery Court of Lowndes. Heard before the Hon. John A. Foster. The bill in this case was filed on the 2d March, 1888, by Mrs. Savannah Wilder, a married woman, against Sydney B. Wilder and the “American Freehold Mortgage Company of London,” a foreign corporation; and sought to establish and enforce a vendor’s lien on a tract of land, which the complainant and her husband had sold and conveyed to said Sydney T. Wilder, and, more particularly, to have her…
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Appeal from the Chancery Court of Lowndes. Heard before the Hon. John A. Foster. The bill in this case was filed on the 2d March, 1888, by Mrs. Savannah Wilder, a married woman, against Sydney B. Wilder and the “American Freehold Mortgage Company of London,” a foreign corporation; and sought to establish and enforce a vendor’s lien on a tract of land, which the complainant and her husband had sold and conveyed to said Sydney T. Wilder, and, more particularly, to have her lien declared superior and paramount to that of a mortgage which said Sydney T. Wilder had executed to said foreign…
1Opinion of the CourtSomeryille, J.
The controlling question in this case involves the doctrine of equitable estoppel, or estoppel en pais, in its application to a married woman, where she appears as a complainant in a court of equity, seeking affirmatively to enforce' a right inéonsistent with her previous conduct, upon which one of the defendants in the suit has relied and acted. The subject is one in regard to which there is no little conflict of authority, and the magnitude of its importance grows with the changed policy of modern legislation, removing, to a great extent, the iron-clad disabilities of married women imposed…
2Cases cited11 opinions
- Woodall v. Kelly & Co.Supreme Court of Alabama · 1888
- Bradstreet v. ClarkeNew York Supreme Court · 1834
- Marks v. CowlesSupreme Court of Alabama · 1875
- Drake v. GloverSupreme Court of Alabama · 1857
- Strong v. WaddellSupreme Court of Alabama · 1876
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Brusha Et Ux. v. Board of Education of Oklahoma CitySupreme Court of Oklahoma · 1913
- Brooks v. LaurentCourt of Appeals for the Fifth Circuit · 1899
- Irwin v. ShoemakerSupreme Court of Alabama · 1920
- Vansandt v. WeirSupreme Court of Alabama · 1895
- Vincent v. WalkerSupreme Court of Alabama · 1890
5 more not listed; retrieve them via the Exa API.