Vansandt v. Weir
Supreme Court of Alabama
Appeal from the Chancery Court of Calhoun. Heard before the Hon. S. K. McSpadden. The bill in this case was filed November 28, 1893, by R. L. Vansandt, the appellant, against V. L. Weir and his wife, Nannie Weir, the appellees.
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Appeal from the Chancery Court of Calhoun. Heard before the Hon. S. K. McSpadden. The bill in this case was filed November 28, 1893, by R. L. Vansandt, the appellant, against V. L. Weir and his wife, Nannie Weir, the appellees. As afterwards amended, it disclosed the following facts: In 1890 a street called “Quill Avenue” was extended through a tract of land in the town of Jacksonville belonging to the defendant, Mrs. Nannie Weir, and through a tract of land belonging to the complainant, to Depot Street in said town, the complainant apd the defendant V. L. Weir having agreed in writing ‘ ‘to…
1Opinion of the CourtHead, J.
Under general principles of equity jurisprudence, uncontrolled by statute, a married woman, in respect of her separate estate, was regarded as a feme sole. She could dispose of, charge or encumber it in like manner as if she rested under no marital disability. There being no other trustee, her husband was regarded as the dry holder of the legal title, while she held the entire beneficial interest, subject to her own unlimited control and disposition. When not acting under the actual 'and implied coercion of the husband, she could bind the estate by acts in pais, amounting to an equitable…
2Cases cited4 opinions
- Steiner Bros. v. TranumSupreme Court of Alabama · 1893
- Drake v. GloverSupreme Court of Alabama · 1857
- Wilder v. WilderSupreme Court of Alabama · 1889
- Canty v. SanderfordSupreme Court of Alabama · 1860
3Cited by8 opinions
- Phillips v. LowensteinSupreme Court of Florida · 1926
- Irwin v. ShoemakerSupreme Court of Alabama · 1920
- Wilkins v. LewisSupreme Court of Florida · 1919
- Webb v. Bank of BrewtonSupreme Court of Alabama · 1957
- Standard Chemical Co. v. BarbareeSupreme Court of Alabama · 1940
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