Smith v. McGuire
Supreme Court of Alabama
Bill in Equity, to- Cancel Conveyance as Mortgage of Wifers Statutory Estate. Appeal from the Chancery Court of Mobile-. Heard before the Hon. H. Austill.
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Bill in Equity, to- Cancel Conveyance as Mortgage of Wifers Statutory Estate. Appeal from the Chancery Court of Mobile-. Heard before the Hon. H. Austill. The appellant, Mrs. E. E. Smith, filed her bill to cancel a mortgage on a store-house and lot of land, in the city of Mobile.' The property was conveyed to Mrs. Smith in 1866, and the- habendum clause of the deed uses the following words ; “to have and to hold,” &o., “to th-e sole and proper use, benefit and behoof of the said” &o. Her husband, J. E. Smith, furnished the money to buy the property, but it was conveyed by Ms vendor to-…
1Opinion of the CourtBrickell, C. J.
— 1. Through a long line of decisions,, reaching far back in the past, it has been settled that the words of this conveyance, “to the sole and proper use, benefit and behoof,” when found in a conveyance as descriptive or definitive of the quality of the estate conferred thereby on a married woman, whether found in the usual granting or in the habendum clause, create in her an equitable separate estate, and of themselves, unless otherwise expressly limited, exclude the marital rights of the husband. — Miller v. Voss, 62 Ala. 122. These decisions have grown into land marks of property — have…
2Cases cited3 opinions
- Miller v. MarxSupreme Court of Alabama · 1876
- Barnett v. Proskauer & Co.Supreme Court of Alabama · 1878
- Miller v. Voss, Taylor & Co.Supreme Court of Alabama · 1878
3Cited by14 opinions
- Albany County Savings Bank v. McCartyNew York Court of Appeals · 1896
- Freeman v. BlountSupreme Court of Alabama · 1911
- Webb v. RobbinsSupreme Court of Alabama · 1884
- Fies & Sons v. LowerySupreme Court of Alabama · 1933
- Qualls v. QuallsSupreme Court of Alabama · 1916
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