Vincent v. Walker
Supreme Court of Alabama
Appeal from the Chancery Court of Madison. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 9th March, 1887, by Mrs. Louisa J. (or Jane E.) Yincent, a married woman, the wife of William C. Yincent, against Elijah J. Walker, and sought to have a conveyance of land, which the complainant and her husband had executed to said Walker; declared a mortgage, and cancelled as void and inoperative, because the land conveyed belonged to her statutory estate.
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Appeal from the Chancery Court of Madison. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 9th March, 1887, by Mrs. Louisa J. (or Jane E.) Yincent, a married woman, the wife of William C. Yincent, against Elijah J. Walker, and sought to have a conveyance of land, which the complainant and her husband had executed to said Walker; declared a mortgage, and cancelled as void and inoperative, because the land conveyed belonged to her statutory estate. The deed sought to be reformed and cancelled, which was in form an absolute conveyance with- the usual warranties, was…
1Opinion of the CourtSomerville, J.
The purpose of the bill filed’ by the complainant, Mrs. Vincent, a married woman, is to have a deed executed by her on April 7, 1886, to the defendant "Walker, and absolute on its face, declared a mortgage, and thereupon to cancel such conveyance as void, on the ground that it was given on her statutory separate estate, and for this reason was a nullity.
In considering the case we will regard the agreement executed by Walker, and bearing date April 12, 1886, as part and parcel of the deed of conveyance, in accordance with the contention of the appellant’s counsel. This agreement recites the…
2Cases cited7 opinions
- West v. HendrixSupreme Court of Alabama · 1856
- Peeples v. StollaSupreme Court of Alabama · 1876
- Douglass v. MoodySupreme Court of Alabama · 1885
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- Crews v. ThreadgillSupreme Court of Alabama · 1859
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3Cited by20 opinions
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