Stone & Matthews v. Gazzam
Supreme Court of Alabama
Appear from Circuit Court of Mobile. Tried before Hon. C. W. Rapier. The facts are sufficiently stated in the opinion. — It is admitted that a deed from the husband to the wife is void at common law. But it is not so in equity.
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Appear from Circuit Court of Mobile. Tried before Hon. C. W. Rapier. The facts are sufficiently stated in the opinion. — It is admitted that a deed from the husband to the wife is void at common law. But it is not so in equity. On the contrary, a conveyance by the husband to the wife, whether by deed or by parol, and whether by way of gift or voluntary settlement, and whether supported by a consideration or not, where no question arises as to creditors or subsequent purchasers, and where the husband' is affirming the gift, will always be supported in equity. — Rosser on Husb. and Wife, vol.…
1Opinion of the CourtPetees, J.
This is an action of assumpsit, with special counts, for damages arising from bad, unskillful and negligent repairs of a steamboat shaft, while the boat wag *272in the service of the plaintiffs in the court below, as joint owners of the same. The appellants in this court were the plaintiffs below, and there was a verdict and judgment against them, from which they appeal to this court.
The bill of exceptions shows that on the 18th day of May, 1866, Hessee, Otis, Cox, Brainard and Waring, all citizens of Mobile, Alabama, being the owners of the steamboat “ Flirt,” for and in consideration of the sum…
2Cases cited5 opinions
- Von Hoffman v. City of QuincySupreme Court of the United States · 1867
- White v. WhiteNew York Supreme Court · 1849
- Carleton & Co. v. BanksSupreme Court of Alabama · 1844
- Robinson's Adm'rs v. Tipton's Adm'rSupreme Court of Alabama · 1858
- Holmes v. HolmesNew York Supreme Court · 1848
3Cited by7 opinions
- Wells v. CaywoodSupreme Court of Colorado · 1877
- Coleman v. SmithSupreme Court of Alabama · 1876
- Sloan v. FrothinghamSupreme Court of Alabama · 1882
- Barclay v. PlantSupreme Court of Alabama · 1874
- Harris v. City of Vestavia HillsCourt of Criminal Appeals of Alabama · 1972
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