Legal Opinion

Hammond v. Thompson

Supreme Court of Alabama

Decided December 15, 1876PublishedCited by 10 opinions

Appeal from the Probate Court of Madison. In the matter of the final settlement and distribution of the estate of Dudley Sale, deceased, by E. L. Hammond, the administrator. The said decedent died in said county of Madison, the place of his residence, in 1866-7; and letters of administration on his estate were regularly granted to said F. L. Hammond.

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Appeal from the Probate Court of Madison. In the matter of the final settlement and distribution of the estate of Dudley Sale, deceased, by E. L. Hammond, the administrator. The said decedent died in said county of Madison, the place of his residence, in 1866-7; and letters of administration on his estate were regularly granted to said F. L. Hammond. In April, 1878, said Hammond made a final settlement of his administration; on which settlement it was ascertained, that there was a balance of $137 in his hands, as the distributive share of Mrs. Martha A. O’Neal, who was the wife of Basil W.…

1Opinion of the CourtStone, J.

“ The property of the wife, or any part thereof, may be sold by the husband and wife, and conveyed by them, jointly, by instrument of writing attested by two -witnesses.” Bev. Code, § 2373. “ Conveyances of a wife’s property, made

in writing by husband and wife jointly, and acknowledged before some officer authorized to take acknowledgments of conveyances, are as valid and adequate to pass the wife’s estate as if the same were attested by two witnesses.” — Bev. Code, § 1552; O’Neal v. Robinson, 45 Ala. 526.

“ The provision [of the statute above] as to a sale of the property is obviously…

2Cases cited4 opinions

  1. O'Neal v. RobinsonSupreme Court of Alabama · 1871
  2. Warfield v. RavesiesSupreme Court of Alabama · 1863
  3. Smyth v. OliverSupreme Court of Alabama · 1857
  4. Northington v. FaberSupreme Court of Alabama · 1875

3Cited by10 opinions

  1. Dinkins v. LathamSupreme Court of Alabama · 1918
  2. Trawick v. DavisSupreme Court of Alabama · 1888
  3. Osborne v. CooperSupreme Court of Alabama · 1896
  4. Brown v. O'ByrneSupreme Court of Alabama · 1907
  5. Gaston v. WeirSupreme Court of Alabama · 1887

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