Helmetag v. Frank
Supreme Court of Alabama
APPEAL from the Mobile Chancery Court. Heard before Hon. H. Austill. The appellee, Minna Frank, filed her bill against the appellant, Amelia Helmetag, and her husband, seeking to foreclose a mortgage executed by them on a certain house and lot in the city of Mobile.
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APPEAL from the Mobile Chancery Court. Heard before Hon. H. Austill. The appellee, Minna Frank, filed her bill against the appellant, Amelia Helmetag, and her husband, seeking to foreclose a mortgage executed by them on a certain house and lot in the city of Mobile. The bill alleges that F. W. Helmetag, the husband of the appellant, was seized in fee of the premises, and that both he and his wife claimed that he was so seized; that being so seized in fee, and he and his wife so representing, they applied to appellee for a loan of §1,320, to be secured by a mortgage on the property in…
1Opinion of the CourtBrickell, C. J.
1. We regard it as the settled law of this State, that a gift by the husband to the wife of property real or personal, creates in the wife an equitable separate estate. Property thus acquired by the wife, is not within the influence and operation of the statutory or constitutional provisions which create separate estates. — McMillan v. Peacock, 57 Ala. 127, and authorities cited. An incident of an equitable separate estate, is the power of the wife to alienate or charge it, as if she were a femme sole, unless restrained by the instrument creating it. She may mortgage it as security for her…
2Cases cited4 opinions
- Boyd v. BeckSupreme Court of Alabama · 1857
- McMillan v. PeacockSupreme Court of Alabama · 1876
- Crabb's Administrator v. ThomasSupreme Court of Alabama · 1854
- Skinner v. BarneySupreme Court of Alabama · 1851
3Cited by14 opinions
- Manning v. PippenSupreme Court of Alabama · 1888
- Harden v. Darwin & PulleySupreme Court of Alabama · 1880
- Loeb v. McCulloughSupreme Court of Alabama · 1885
- Carrington v. RichardsonSupreme Court of Alabama · 1885
- Cabalan v. Monroe, Smaltz & Co.Supreme Court of Alabama · 1881
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