McAnally v. Heflin
Supreme Court of Alabama
Appeal from the Chancery Court of Jefferson. . Heard before the Hon. Thomas Cobbs. The bill in this case was filed on April 20,1892, by H. P. H. P. Heflin, as administrator of the estate of John T.Heflin ,deceased,against Catherine McAnally,to enforce a vendor’s lien on lands sold by respondent to complainant’s intestate.
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Appeal from the Chancery Court of Jefferson. . Heard before the Hon. Thomas Cobbs. The bill in this case was filed on April 20,1892, by H. P. H. P. Heflin, as administrator of the estate of John T.Heflin ,deceased,against Catherine McAnally,to enforce a vendor’s lien on lands sold by respondent to complainant’s intestate. The bill averred that on March 24,1887, John T. Heflin sold, and by deed conveyed, to Catherine McAnally four lots in the town of Compton, Jefferson county, Alabama, for the sum of $2,000, one-half of which was paid in cash, and Catherine McAnally executed to Thomas Heflin…
1Opinion of the CourtHead, J.
The main question in this case is whether, under the present laws of this State, regulating the estates of married women, a wife may, her husband living, disaffirm a purchase of land made by her during coverture, and hold the vendor and the land liable for a return of the purchase money paid by her. At common law, her right so to disaffirm did not arise until the termination of the coverture.—Marks v. Cowles, 53 Ala. 499. Under the statutes which controlled that case, the right was denied. The question, as affected by the present statutes, was presented in Sidel v. Elyton Land Co., 94 Ala.…
2Cases cited2 opinions
- Marks v. CowlesSupreme Court of Alabama · 1875
- Sidel v. Elyton Land Co.Supreme Court of Alabama · 1891
3Cited by2 opinions
- American Freehold Land Mortgage Co. v. DykesSupreme Court of Alabama · 1895
- Locke v. ReevesSupreme Court of Alabama · 1897