Campbell v. Noble
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. A. I). Sayre. Suit by Ida P. Noble against Mattie Campbell. Plaintiff filed a bill seeking to quiet title to a certain lot in the. city of Montgomery, making the necessary allegations under the statute.
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Appeal from Montgomery City Court. Heard before Hon. A. I). Sayre. Suit by Ida P. Noble against Mattie Campbell. Plaintiff filed a bill seeking to quiet title to a certain lot in the. city of Montgomery, making the necessary allegations under the statute. Defendant answered, denying the facts alleged in the bill, and set. up by way of cross-bill her claim.to said real estate, and asked for affirmative relief against the complainant in the original bill Plaintiff answered the cross-bill, alleging a want of consideration for the deed from Susan Boyseaui to.defendant, and alleging, also, that it…
1Opinion of the CourtDowdell, J.
The main question in this case is whether the deed from Howard and Susan Boyseau to Mattie R. Campbell of December 10, 1892, is void for failure of an examination of the wife seperate and apart from the husband. It appears, from the undisputed ev*236idence that at the date of the execution of the deed Howard and Susan occupied the land in question as a homestead; that Howard, the husband, held and owned a life estate in the property, and Susan, the wife, held and owned a vested remainder in fee. At the time of the filing of the bill Howard was dead. An examination of the wife separate and apart…
2Cases cited7 opinions
- McGuire v. Van PeltSupreme Court of Alabama · 1876
- Patton v. BeecherSupreme Court of Alabama · 1878
- Dawson v. BurrusSupreme Court of Alabama · 1882
- DeGraffenried v. ClarkSupreme Court of Alabama · 1883
- Snedecor v. FreemanSupreme Court of Alabama · 1881
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3Cited by3 opinions
- Rauer's Collection Co. v. HigginsCalifornia Court of Appeal · 1948
- Spink v. Guarantee B. & T. Co.Supreme Court of Alabama · 1913
- Alabama Power Co. v. CorneliusSupreme Court of Alabama · 1924