Morgan v. Elam
Tennessee Supreme Court
Mrs. Elam, previous to her marriage, with defendant, Samuel Elam, resided in the State of Virginia. The-s^aves controversy were her property; and a marriage being contemplated between her and the defendant, Samuel, a marriage contract or agreement was entered into between them, by which all of her property was conveyed to a trustee for her separate use.
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Mrs. Elam, previous to her marriage, with defendant, Samuel Elam, resided in the State of Virginia. The-s^aves controversy were her property; and a marriage being contemplated between her and the defendant, Samuel, a marriage contract or agreement was entered into between them, by which all of her property was conveyed to a trustee for her separate use. The marriage contract is as follows: “An indenture made this 22d day of November, in the year of Christ, one thousand eight hundred and twenty, between Samuel Elam of the first part, Elizabeth Stokes of the second part,- and William BroWn…
1Opinion of the CourtWhyte, J.
For the Mr. Morgans, it is argued, that , the marriage settlement is cancelled by the act ot the trustee, Hamblin, in cutting out his name, signed thereto in its execution by him as a party, by which the property, the subject matter of the deed, has revested in the wife, Mrs. Elam, and consequently, simultaneously in the husband, under his marital rights by the common law. To prove this marriage settlement cancelled by this act of the trustee, and the property therein specified revested in Mrs. Elam, Bl. Com. 108, and 4 Cruise’s Dig, 497, 498, 414, and Sugden on Powers, 400, are cited and…
2Cases cited2 opinions
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- Fair v. CurryTennessee Supreme Court · 1944
- In Re: William Dunlap Cannon Iii, Debtor. George W. Stevenson, Trustee for William Dunlap Cannon III v. J.C. Bradford & Company J.C. Bradford Futures, Inc. Charles RossCourt of Appeals for the Sixth Circuit · 2002
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