Cook v. Cook
Supreme Court of Alabama
Appeal from, the Circuit Court of Madison. Tried, ‘before tbe Hon. H. C. Speake. This was a statutory action of ejectment, brought by tbe appellee, Hassie M. Cook, against tbe appellant, Isaac M. Cook, to recover a certain lot in tbe town of Newmarket, Madison county, Alabama, which was specifically described in tbe complaint.
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Appeal from, the Circuit Court of Madison. Tried, ‘before tbe Hon. H. C. Speake. This was a statutory action of ejectment, brought by tbe appellee, Hassie M. Cook, against tbe appellant, Isaac M. Cook, to recover a certain lot in tbe town of Newmarket, Madison county, Alabama, which was specifically described in tbe complaint. Upon issue joined upon tbe plea of tbe general issue, tbe plaintiff offered in evidence a deed bearing date August 6, 1888, which was properly executed, 'and conveyed the legal title to tbe premises sued for. It was further shown that at the time of the trial the…
1Opinion of the CourtMcCLELLAN, C. J.
That a wife must sue alone for the recovery of her separate property is expressly provided by statute. — Code, § 2527. That she may sue her husband for the recovery of personal properly belonging •to her has been expressly decided. — Bruce v. Bruce, 95 Ala. 563. The right to sue her husband to recover from him possession of her realty rests upon the same statutory provision and the same principles declared in the case cited as to her personalty, and can no more be denied in respect of one class of property than in respect *585of the other. Nor is it of consequence that the land of which recovery…
2Cases cited1 opinion
- Bruce v. BruceSupreme Court of Alabama · 1891
3Cited by11 opinions
- Johnson v. JohnsonSupreme Court of Alabama · 1917
- Owens v. Auto Mut. Indemnity Co.Supreme Court of Alabama · 1937
- Penton v. PentonSupreme Court of Alabama · 1931
- Edmonds v. EdmondsSupreme Court of Virginia · 1924
- McDuff v. McDuffCalifornia Court of Appeal · 1919
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