Prince v. Prince
Supreme Court of Alabama
Bill in Equity to Cancel the Deed of a Married Woman to her Statutory Separate Estate, to compel the Conveyance to the Wife of Lands Bought with Money, a part of her Statutory Separate Estate, and to have an Account talcen of Bents and Profits of the Lands while out of her Possession. Appeal from Chancéry Court of Marengo. Heard before Hon. Charles Turner. The original bill in this cause was filed July 3, 1875, by Arabella Prince, through her next friend, Oliver P. Boddie.
Read the full summary
Bill in Equity to Cancel the Deed of a Married Woman to her Statutory Separate Estate, to compel the Conveyance to the Wife of Lands Bought with Money, a part of her Statutory Separate Estate, and to have an Account talcen of Bents and Profits of the Lands while out of her Possession. Appeal from Chancéry Court of Marengo. Heard before Hon. Charles Turner. The original bill in this cause was filed July 3, 1875, by Arabella Prince, through her next friend, Oliver P. Boddie. Tbe bill alleged tbat some of the land in question was in the possession of J. S. Byall, and situated in Marengo county,…
1Opinion of the CourtSomebyille, J.
— The deed of trust, executed by the complainant and her husband, on the 21st of April, 1860, to O. H. Prince, as trustee, was, under the repeated decisions of this court, void and of no legal validity, as against the wife. The debt secured was that of the husband, and the property conveyed was the statutory separate estate of the wife. Her property was not legally subject to be thus encumbered, and neither Prince, the trustee, nor E. B. Yaughn, the beneficiary, acquired any rights under it, cognizable in either a court of law or of equity — Bibb v. Pope, 43 Ala. 190; Denechaud v. Berry, 48…
2Cases cited12 opinions
- Chapman v. AbrahamsSupreme Court of Alabama · 1878
- Strong v. WaddellSupreme Court of Alabama · 1876
- Alexander v. CaldwellSupreme Court of Alabama · 1876
- Bibb v. PopeSupreme Court of Alabama · 1869
- Fore v. McKenzieSupreme Court of Alabama · 1877
7 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Wilson v. HoltSupreme Court of Alabama · 1887
- Farrior v. New England Mortgage Security Co.Supreme Court of Alabama · 1890
- Ex Parte Southern Cotton Oil Co.Supreme Court of Alabama · 1922
- Voltz v. VoltzSupreme Court of Alabama · 1883
- Crim v. NelmsSupreme Court of Alabama · 1885
14 more not listed; retrieve them via the Exa API.