Denechaud v. Berrey
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before Hon. Adam C. Feldeb, The bill in the present case was filed May 3d, 1869, the facts of which may be stated as follows: Complainant, Eliza L. Berrey, in 1849, intermarried with John Berrey, in this State, every since which time they have resided here. On the 12th day of August, 1865, she received a warranty deed in fee from one Herbert to a house and lot in. Mobile county.
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Appeal from the Chancery Court of Mobile. Heard before Hon. Adam C. Feldeb, The bill in the present case was filed May 3d, 1869, the facts of which may be stated as follows: Complainant, Eliza L. Berrey, in 1849, intermarried with John Berrey, in this State, every since which time they have resided here. On the 12th day of August, 1865, she received a warranty deed in fee from one Herbert to a house and lot in. Mobile county. The consideration expressed in said deed is four thousand dollars, paid said Herbert by complainant; and the bill also alleges that the property was paid for by her…
1Opinion of the CourtPeters, J.
The question of primary importance in this cause, is the title of Mrs. Berrey to the property in dispute. If it is a separate estate, governed by the statute securing to married women their separate property, then the difficulty is easily solved; but if it is an estate held by some other tenure, which frees it from the limitations o the statute, then a different rule of law must apply.
Mrs. Berrey is a married woman and a citizen of this State, and her husband is still living. She was married in 1849. The land in controversy was conveyed to her “for her sole and separate use and benefit,” on…
2Cases cited7 opinions
- Jackson v. SebringNew York Supreme Court · 1819
- SOULARD AND OTHERS v. United StatesSupreme Court of the United States · 1830
- Morrison v. SempleSupreme Court of Pennsylvania · 1813
- Warfield v. RavesiesSupreme Court of Alabama · 1863
- Bibb v. PopeSupreme Court of Alabama · 1869
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Prince v. PrinceSupreme Court of Alabama · 1880
- Lee v. LeeSupreme Court of Alabama · 1884
- Mitchell v. LippincottU.S. Circuit Court for the District of Southern Alabama · 1874