Daniel v. Stewart
Supreme Court of Alabama
Appeal from the Chancery Court of Butler. Heard before the Hon. Adam: C. Eelder. The bill in this case was filed on the 23d March, 1871, by Mrs. Phoebe Ann Stewart, suing. by her husband and next Mend, against John W. Daniel, to recover the possession of a tract of land, which the complainant claimed as belonging to her statutory separate estate, and wMch was in the possession of said Daniel, who claimed title under a deed ese-euted to Mm by tbe complainant in 1863; also,…
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Appeal from the Chancery Court of Butler. Heard before the Hon. Adam: C. Eelder. The bill in this case was filed on the 23d March, 1871, by Mrs. Phoebe Ann Stewart, suing. by her husband and next Mend, against John W. Daniel, to recover the possession of a tract of land, which the complainant claimed as belonging to her statutory separate estate, and wMch was in the possession of said Daniel, who claimed title under a deed ese-euted to Mm by tbe complainant in 1863; also, for an account of tbe rents and profits, and tbe-cancellation of tbe said deed, as a cloud on tbe complainant’s title. Tbe…
1Opinion of the Court
MANNING, J. —
Appellee, wbo was complainant below, purchased in 1858, in ber then name of Phoebe Ann Wood, a parcel of land in Butler county. In 1861, sbe was married to one Stewart, ber next friend in this cause; and during bis absence in tbe army, in 1863, sbe sold tbe land, and executed a deed of it by tbe name in which it was conveyed to her— Pboebe Ann Wood — -to defendant Daniel, wbo sold portions of it to tbe other defendants. Daniel received possession of the land, and has bad it, be and those to whom be sold, ever since. Tbe bill, filed by appellee, prays that tbe deed, being void,…
2Cases cited2 opinions
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- Barclay v. PlantSupreme Court of Alabama · 1874
3Cited by16 opinions
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