Ellett v. Wade
Supreme Court of Alabama
Appeal from the Chancery Court of Madison. Heard before Hou. Wi. Skinner. Tbe facts are sufficiently stated in tbe opinion.
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Appeal from the Chancery Court of Madison. Heard before Hou. Wi. Skinner. Tbe facts are sufficiently stated in tbe opinion. (Appellant’s brief did not come into Reporter’s hands.) 1. By section 2871 of our Revised Code, all property to which a wife becomes entitled after tbe marriage, in any manner, except only by a transaction or instrument tbe terms of wbicb are so clearly in opposition to tbe provisions of the Code as to separate estates, as to show that those provisions of the Code were not to govern the property acquired, is her separate estate under the Code. — Motion v. Martin, 43 Ala.…
1Opinion of the CourtPeck, C. J.
The appellee, a married woman, through her brother as her agent, in 1861 purchased the premises described in appellant’s bill of complaint, lying in the county of Madison, for the sum of $1,800, and the same was conveyed to her by the name of Sarah A. Wade, the wife of Littleberry Wade.
The appellant states in his said bill, that in 1864 he purchased said premises from the appellee for the sum of $2,800, the husband of the appellee being then alive, and received from her a deed for the same, in her own name, her husband not being a party thereto, and went into “the possession -of said…
2Cases cited3 opinions
- Putnam v. RitchieNew York Court of Chancery · 1837
- McBryde's Heirs v. WilkinsonSupreme Court of Alabama · 1857
- Waddell v. Weaver's Administrators & HeirsSupreme Court of Alabama · 1868
3Cited by5 opinions
- Woodall v. Kelly & Co.Supreme Court of Alabama · 1888
- Wife v. DarginSupreme Court of Alabama · 1880
- Falk v. HechtSupreme Court of Alabama · 1883
- Moore v. McLeanSupreme Court of Alabama · 1946
- Brown v. WhiteUnited States Circuit Court · 1881