Shulman v. Fitzpatrick
Supreme Court of Alabama
Appeal from Macon Chancery Court. Heard before R. F. Ligón, Esq., as special Chancellor. The bill in this case was filed by appellants, Shulman, Goetter & Weil, against the appellee, Joseph Fitzpatrick, and the administrator and heirs of his deceased wife Mary, F. Fitzpatrick, and sought to foreclose a mortgage on certain lands in Macon county, Alabama, made to the appellants by the said Joseph and Mary F. Fitzpatrick, on the 29th day of January, 1872. It appears that in the…
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Appeal from Macon Chancery Court. Heard before R. F. Ligón, Esq., as special Chancellor. The bill in this case was filed by appellants, Shulman, Goetter & Weil, against the appellee, Joseph Fitzpatrick, and the administrator and heirs of his deceased wife Mary, F. Fitzpatrick, and sought to foreclose a mortgage on certain lands in Macon county, Alabama, made to the appellants by the said Joseph and Mary F. Fitzpatrick, on the 29th day of January, 1872. It appears that in the year 1871, Mrs. M. F.' Fitzpatrick, by her next friend, filed her bill in the Chancery Court of Macon county, against…
1Opinion of the CourtBrickell, C. J.
The statutes, and the constitutional provisions succeeding them, creating the separate estate of a married woman, promise to be as fruitful source of contention, as has been the statute of frauds. So far as this case involves the interpretation, or the construction, or the operation of these statutory and constitutional provisions, a safe anchorage is found in an unbroken current of judicial decisions, as obligatory on the judicial conscience, as the statute and the mandate of the constitution. While husband and wife may by an instrument in writing, executed in the mode prescribed by the…
2Cases cited2 opinions
- Peeples v. StollaSupreme Court of Alabama · 1876
- Bell v. LockeSupreme Court of Alabama · 1876
3Cited by6 opinions
- Ashford v. WatkinsSupreme Court of Alabama · 1881
- Dreyfus v. WolffeSupreme Court of Alabama · 1880
- Vincent v. WalkerSupreme Court of Alabama · 1890
- Stacey v. WalterSupreme Court of Alabama · 1899
- Snyder v. GloverSupreme Court of Alabama · 1883
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