Bercy v. Lavretta
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. ■ Heard before the Hon. H. Austell. The bill in this case was filed on the 12th October, 1877, by Elode Bercy and others, infants suing by their next friend, against Edward Bercy (their father), Giovanni Lavretta, and Henry Molloy; and sought to annul and set aside, so far as the rights of the complainants were affected, a deed of conveyance for a lot or parcel of land in the city of Mobile, executed by their father and mother to…
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Appeal from the Chancery Court of Mobile. ■ Heard before the Hon. H. Austell. The bill in this case was filed on the 12th October, 1877, by Elode Bercy and others, infants suing by their next friend, against Edward Bercy (their father), Giovanni Lavretta, and Henry Molloy; and sought to annul and set aside, so far as the rights of the complainants were affected, a deed of conveyance for a lot or parcel of land in the city of Mobile, executed by their father and mother to said Molloy and one Horgan, who afterwards sold and conveyed to said Lavretta; also, an account of the rents and profits,…
1Opinion of the CourtStone, J.
The deed of Foloe Pinta, of date May 5th, 1846, secured to his wife, Marie Yictorine Pinta, an equitable separate estate in the property therein conveyed, for and during the term of her natural life, remainder to her children begotten by the said Foloe. Eleanor Bercy, mother of the complainants in this suit, was one of the children of that marriage. The deed contains no words of exclusion, as to the interests which the children took as remainder-men. When Eleanor' intermarried with Mr. Bercy, her interest in the property in controversy in this suit became her statutory-separate estate,…
2Cases cited1 opinion
- Schaffer v. LavrettaSupreme Court of Alabama · 1876
3Cited by10 opinions
- Nelson v. Shelby Manufacturing & Improvement Co.Supreme Court of Alabama · 1893
- Anderson v. NorthropSupreme Court of Florida · 1892
- Gindrat v. Western RailwaySupreme Court of Alabama · 1892
- Norton v. JonesSupreme Court of Florida · 1922
- Birmingham Warehouse & Elevator Co. v. Elyton Land Co.Supreme Court of Alabama · 1890
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