Legal Opinion

Maxwell v. Grace

Supreme Court of Alabama

Decided December 15, 1888PublishedCited by 6 opinions

Appeal from tbe Circuit Court of Fayette. Tried before tbe Hon. Sam. H. Sprott. This action was brought by Mrs. Annie E. Grace, tbe wife of B. E. Grace, to recover tbe possession of a tract of land particularly described in tbe complaint; and was commenced on tbe 10th February, 1888. Mrs. E. F. Maxwell intervened as landlord of tbe tenant in possession, and pleaded not guilty; and the cause was tried on issue joined on tbat plea.

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Appeal from tbe Circuit Court of Fayette. Tried before tbe Hon. Sam. H. Sprott. This action was brought by Mrs. Annie E. Grace, tbe wife of B. E. Grace, to recover tbe possession of a tract of land particularly described in tbe complaint; and was commenced on tbe 10th February, 1888. Mrs. E. F. Maxwell intervened as landlord of tbe tenant in possession, and pleaded not guilty; and the cause was tried on issue joined on tbat plea. The plaintiff claimed tbe land under a deed of conveyance from her husband, wbicb was dated January 6th, 1885, and recited as its consideration an indebtedness of…

1Opinion of the Court

STONE, 0. J.

We have had several statutes securing to married women their separate estates. The act of 1850, substantially conformed to by the Code of 1852, materially modified the act of 1848. Yet, we have held that estates acquired under the former statute, and held February 13th, 1850 — Sess. Acts, 63 — the time when the later statute was approved, passed immediately under its provisions, and thenceforth were governed by them. Such was the statutory provision. — Rev. Code, § 2388; Code of 1876, § 2722; Cannon v. Turner, 32 Ala. 483; Warfield v. Ravisies, 38 Ala. 518. So, property acquired…

2Cases cited12 opinions

  1. Edwards v. WilliamsonSupreme Court of Alabama · 1881
  2. Powe v. McLeod & Co.Supreme Court of Alabama · 1884
  3. McMillan v. PeacockSupreme Court of Alabama · 1876
  4. Robertson v. BradfordSupreme Court of Alabama · 1881
  5. Warfield v. RavesiesSupreme Court of Alabama · 1863

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3Cited by6 opinions

  1. Manning v. PippenSupreme Court of Alabama · 1888
  2. Heidt v. WallaceSupreme Court of Alabama · 1940
  3. McCarty v. SkeltonSupreme Court of Alabama · 1937
  4. Milam v. ColeySupreme Court of Alabama · 1905
  5. Gunn v. HardySupreme Court of Alabama · 1894

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

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