Lee v. Winston
Supreme Court of Alabama
Appeal from Sumter Chancery Court. Heard before Thos. W. Coleman, Esquire, special chancellor. The bill in this cause was filed on 26th March, 1874, by William O. Winston, as the administrator of the estate of Turner Reavis,■ deceased, against Susan L. Lee and her husband, to foreclose a mortgage executed by the defendants on 12th October, 1866, to Rsavis & McOonnico, partners engaged in the practice of the law, conveying lands belonging to Mrs. Lee’s statutory separate…
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Appeal from Sumter Chancery Court. Heard before Thos. W. Coleman, Esquire, special chancellor. The bill in this cause was filed on 26th March, 1874, by William O. Winston, as the administrator of the estate of Turner Reavis,■ deceased, against Susan L. Lee and her husband, to foreclose a mortgage executed by the defendants on 12th October, 1866, to Rsavis & McOonnico, partners engaged in the practice of the law, conveying lands belonging to Mrs. Lee’s statutory separate estate, to secure two notes signed by both husband and wife, for $750 each and payable, one in January, 1868, and the other…
1Opinion of the CourtStone, J.
That a married woman can not make a valid mortgage of her statutory separate estate, has been too often decided by this court to require further argument.—Gilbert v. Dupree, 63 Ala. 331; O'Connor v. Chamberlain, 59 Ala. 431; *404Eskridge v. Ditmars, 51 Ala. 245; Ridley & Wife v. Hereford & Timberlake, 66 Ala. 261.
We think it equally clear, that services rendered by an attorney for a married woman, concerning her statutory separate estate, at the time these services were rendered—1866 to 1868—did not fall within the class of articles of comfort and support of the household, for which the separate…
2Cases cited10 opinions
- Lee v. TannenbaumSupreme Court of Alabama · 1878
- Warfield v. CampbellSupreme Court of Alabama · 1863
- Eskridge v. DitmarsSupreme Court of Alabama · 1874
- Humphrey v. BrowningIllinois Supreme Court · 1868
- Ex parte LehmanSupreme Court of Alabama · 1877
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3Cited by5 opinions
- Fowler v. Lewis's Adm'rWest Virginia Supreme Court · 1892
- Hale v. TysonSupreme Court of Alabama · 1918
- Morey v. SchusterAppellate Division of the Supreme Court of the State of New York · 1913
- Higley v. WhiteSupreme Court of Alabama · 1893
- Ward v. JohnsonSupreme Court of Alabama · 1885