Stacey v. Walter
Supreme Court of Alabama
Appeal from the City Court of Montgomery, in Equity. Heard before the Hon. A. D. Sayre. The bill in this case was filed by the appellants, T. R. Stacey and his wife, M. E. Stacey, against the appellees, I). C. Walter, T. B. Walter and J. B. Walter.
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Appeal from the City Court of Montgomery, in Equity. Heard before the Hon. A. D. Sayre. The bill in this case was filed by the appellants, T. R. Stacey and his wife, M. E. Stacey, against the appellees, I). C. Walter, T. B. Walter and J. B. Walter. The bill as amended averred the following facts: On December 28,1895, M. E- Stacey, the wife of T. R. Stacey, Avas seized and possessed of certain lots at Sprague Junction in the county of Montgomery, and on that day she, together with her husband, executed and delivered to the defendants a deed to said property. This said deed recites a…
1Opinion of the CourtMcCLELLAN, C. J.
In Vincent v. Walker, 93 Ala. 165, it was ruled that a married woman was not estopped by the recital of a valuable consideration in a deed executed by her conveying land constituting her separate estate, to show that there was in fact no consideration for the conveyance. This conclusion was expressly rested upon the considerations that the transaction was essentially a gift by the wife to the grantee, that under the statute which then obtained a married woman could not give away her land, but could sell it only, and that the conveyance not 'being one she had competency. to malee, she could…
2Cases cited4 opinions
- Peeples v. StollaSupreme Court of Alabama · 1876
- Ware v. CowlesSupreme Court of Alabama · 1854
- Vincent v. WalkerSupreme Court of Alabama · 1890
- Shulman v. FitzpatrickSupreme Court of Alabama · 1878
3Cited by7 opinions
- Dorr v. Chesapeake & Ohio Railway Co.West Virginia Supreme Court · 1916
- Porter v. RobersonSupreme Court of Alabama · 1955
- Wilfe v. WallerSupreme Court of Alabama · 1954
- Stephenson v. Atlas Coal Co.Supreme Court of Alabama · 1906
- Birmingham Sawmill Co. v. Southern Ry. Co.Supreme Court of Alabama · 1923
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