Legal Opinion

Woodruff v. Smith

Supreme Court of Alabama

Decided November 15, 1899PublishedCited by 18 opinions

Appeal from the Chancery Court of Perry. Heard before the Hon. W. H. Taylob. The day before his marriage and in consideration thereof, James Q. Smith conveyed to his bethrothed, Marie L. Fair, 640 acres of land in Perry county, known as “Grove Cottage' Plantation,” “for the maintenance 'and support of the party of the second part and any child or children she may have, of said marriage.” The marriage was solemnized. Mrs. Smith possessed herself of all of said land.

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Appeal from the Chancery Court of Perry. Heard before the Hon. W. H. Taylob. The day before his marriage and in consideration thereof, James Q. Smith conveyed to his bethrothed, Marie L. Fair, 640 acres of land in Perry county, known as “Grove Cottage' Plantation,” “for the maintenance 'and support of the party of the second part and any child or children she may have, of said marriage.” The marriage was solemnized. Mrs. Smith possessed herself of all of said land. A child was born, James Q. Smith, Ji\, and then in 1881 the father grantor died. This child is 'sometimes called “Seti.” The…

1Opinion of the CourtDowdell, J.

The appeal in this case is taken by S. E. Woodruff on behalf of herself and- her co-defendants from the decree of March 22, 1897. A severance was had and errors separately assigned by S. E. Wood-ruff and L. W. Turpin; no assignments of errors by other defendants. Assignments by L. W. Turpin not being insisted on by him, we will only consider those assignments made -by S. E. Woodruff.

The first assignment of error relates to the decree of November 30, 1896. No-appeal was taken from this decree, and the motion to strike this assignment raises the question as to whether this decree is…

2Cases cited10 opinions

  1. Mahone v. WilliamsSupreme Court of Alabama · 1863
  2. Cochran v. MillerSupreme Court of Alabama · 1883
  3. Jones v. WilsonSupreme Court of Alabama · 1875
  4. Vaughan v. SmithSupreme Court of Alabama · 1881
  5. McLemore v. NuckollsSupreme Court of Alabama · 1861

5 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Stone v. WilliamsCourt of Appeals for the Second Circuit · 1992
  2. Stone v. WilliamsCourt of Appeals for the Second Circuit · 1992
  3. Hall v. PearceSupreme Court of Alabama · 1923
  4. Hale v. CoxSupreme Court of Alabama · 1930
  5. Alabama Chemical Co. v. HallSupreme Court of Alabama · 1926

13 more not listed; retrieve them via the Exa API.

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