Osborne v. Cooper
Supreme Court of Alabama
Bill in Equity for Cancellation of Mortgage. Appeal from, the Chancery Court of Lamar. The bill in this case was filed by the appellee, Mary A. Cooper, on the 13th day of July, 1893, against the appellant, Francis A. Osborne, Charles IT. Howard and Amos P. Cooper, husband of the-complainant.
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Bill in Equity for Cancellation of Mortgage. Appeal from, the Chancery Court of Lamar. The bill in this case was filed by the appellee, Mary A. Cooper, on the 13th day of July, 1893, against the appellant, Francis A. Osborne, Charles IT. Howard and Amos P. Cooper, husband of the-complainant. The purpose of the bill was to have delivered up, cancelled and held for naught, in so far as the land held by the complainant was concerned, two certain mortgages, bearing date- January 1, 1890, which were executed by Amos P. Cooper, and in which the complainant joined, to the defendants F. A. Osborne…
1Opinion of the CourtHaralson, J.
Section 2707 of the Code of 1876, provided that “The property of the wife, or any part thereof, may be sold by the iiusband and wife, and conveyed by them jointly, by instrument of writing, attested by two witnesses.” The uniform construction of that statute was, that a deed to the real estate of the wife held by her under the statute, was inoperative and void as to her, if not executed in conformity to the requirements of the statute.-Blythe v. Dargin, 68 Ala. 370; Trawick v. Davis, 85 Ala. 343; Davidson v. Cox, 112 Ala. 510.
The same provision as to the conveyance of the wife’s real estate…
2Cases cited10 opinions
- Lansden v. BoneSupreme Court of Alabama · 1890
- Jones v. ReeseSupreme Court of Alabama · 1880
- Wife v. DarginSupreme Court of Alabama · 1880
- Merriam v. Boston, Clinton & Fitchburg RailroadMassachusetts Supreme Judicial Court · 1875
- Falk v. HechtSupreme Court of Alabama · 1883
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Central of Georgia Ry. Co. v. CarlockSupreme Court of Alabama · 1916
- Kirkland v. PilcherSupreme Court of Alabama · 1911
- Scott v. TaulSupreme Court of Alabama · 1896
- Rash v. BogartSupreme Court of Alabama · 1933
- Henderson v. BrunsonSupreme Court of Alabama · 1904
9 more not listed; retrieve them via the Exa API.