Miller v. Voss, Taylor & Co.
Supreme Court of Alabama
Appeal from Mobile Chancery Court. Heard before Hon. H. Austill. The appellees, Yoss, Taylor & Co., filed this bill against the appellant, Mary Ann Miller, and sought to foreclose a certain mortgage executed by the appellant and her husband to A. A. Yoss and Peter Hawes, and by them transferred to "W. H. A. Yoss, and by him transferred to appellees. The appellant deduced title to the premises in question by deed to her from one Peter Odermott and Rosanna Odermott, his’wife.
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Appeal from Mobile Chancery Court. Heard before Hon. H. Austill. The appellees, Yoss, Taylor & Co., filed this bill against the appellant, Mary Ann Miller, and sought to foreclose a certain mortgage executed by the appellant and her husband to A. A. Yoss and Peter Hawes, and by them transferred to "W. H. A. Yoss, and by him transferred to appellees. The appellant deduced title to the premises in question by deed to her from one Peter Odermott and Rosanna Odermott, his’wife. The habendum clause in this deed is as follows : To have and to hold the above granted and described premises, with the…
1Opinion of the CourtStone, J.
The question, what words in a conveyance to a married woman will create in her an equitable separate estate, and thus exclude the common law marital rights of her husband, has been a great many times before this court. It has always been ruled that, while in the absence of an express different intention, the husband’s marital rights will attach to property conveyed to the wife, or to a trustee for her, yet no particular form of words is necessary to create a separate estate in the wife. If the conveyance shows that the wife should have the use and enjoyment, to the exclusion of the husband,…
2Cases cited11 opinions
- Pickens v. OliverSupreme Court of Alabama · 1857
- Continental Life Insurance v. WebbSupreme Court of Alabama · 1875
- Jenkins v. McConicoSupreme Court of Alabama · 1855
- Williams v. MaullSupreme Court of Alabama · 1852
- Newman v. JamesSupreme Court of Alabama · 1847
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Webb v. RobbinsSupreme Court of Alabama · 1884
- Smith v. McGuireSupreme Court of Alabama · 1880
- Allen v. TerrySupreme Court of Alabama · 1882
- Burrus & Williams v. DawsonSupreme Court of Alabama · 1880
- Perdue v. Montgomery Building & Loan Ass'nSupreme Court of Alabama · 1885
1 more not listed; retrieve them via the Exa API.