Kelly v. McGrath
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. H. Austill. ■ The bill in this case was filed on the 25th November, 1879, by Mrs. Bridget McGrath, the wife of Michael McGrath, suing by her next friend, against her said husband, and one Daniel Kelly; and sought to vacate and. set aside, as a fraud on the complainant’s rights of dower and homestead, which accrued to her by virtue of her marriage with her said husband, a mortgage which he had executed, on the…
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Appeal from the Chancery Court of Mobile. Heard before the Hon. H. Austill. ■ The bill in this case was filed on the 25th November, 1879, by Mrs. Bridget McGrath, the wife of Michael McGrath, suing by her next friend, against her said husband, and one Daniel Kelly; and sought to vacate and. set aside, as a fraud on the complainant’s rights of dower and homestead, which accrued to her by virtue of her marriage with her said husband, a mortgage which he had executed, on the eve of his marriage with complainant, to said Daniel Kelly. The mortgage, a copy of which was made an exhibit to the bill,…
1Opinion of the CourtBrickell, C. J.
Intentional concealment or misrepresentation of material facts, by which one party is misled to his injury, is a fraud, against which a court of equity is in the constant habit of relieving. Of the class of cases in which the court interferes upon this ground, is a secret voluntary settlement or conveyance of her property by a woman, pending a treaty, and in contemplation of marriage, without the knowledge of the intended husband.—1 Story’s Eq. § 273 ; 1 Lead. Eq. Cases, 449. By the common law, the husband, on the marriage, became entitled to all the personal property of the wife in…
2Cases cited11 opinions
- Dearmond v. DearmondIndiana Supreme Court · 1858
- Bibb v. FreemanSupreme Court of Alabama · 1877
- Gannard v. EslavaSupreme Court of Alabama · 1852
- Foote v. CobbSupreme Court of Alabama · 1851
- Swaine v. PerineNew York Court of Chancery · 1821
6 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Van Antwerp v. Van AntwerpSupreme Court of Alabama · 1941
- Arnegaard v. ArnegaardNorth Dakota Supreme Court · 1898
- Yeend v. WeeksSupreme Court of Alabama · 1893
- Brasher v. First Nat. Bank of BirminghamSupreme Court of Alabama · 1936
- Nelson v. BrownSupreme Court of Alabama · 1910
21 more not listed; retrieve them via the Exa API.