Molton v. Martin
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. N. W. Cooke. The bill in this case, which was filed by the appellee against the appellants, alleges that one Hooks and John B. Martin sold the land described in the bill to Mrs. Mary Molton, now, and at that time, a married woman, and the wife of Thos. J. Molton; that she paid $4,000, and with Thos.
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. N. W. Cooke. The bill in this case, which was filed by the appellee against the appellants, alleges that one Hooks and John B. Martin sold the land described in the bill to Mrs. Mary Molton, now, and at that time, a married woman, and the wife of Thos. J. Molton; that she paid $4,000, and with Thos. J. Molton, her husband, executed two promissory notes for $750 each, for the remainder of the purchase-money ; that a conveyance of said lands was duly made to Mrs. Molton, “ to her, her assigns, heirs, executors and…
1Opinion of the CourtB. F. Saffold, J.
If the land sought to be subjected to the payment of the note is the separate estate of Mrs. Molton, by contract, and not by statute, the note given by her is valid, in equity, and a charge on the land.—Cowles v. Morgan, 34 Ala. 535. If it is her separate estate by stat*655ute, the note, not being witnessed by two persons, is not a charge on it, and the land cannot be subjected to the payment of it under this bill.—Revised Code, § 2373; Warfield v. Ravesies and Wife, 38 Ala. 518.
The deed conveys the property of Mrs. Molton to her sole and separate use and behoof. Before the Code, the terms of…
2Cases cited2 opinions
- Warfield v. RavesiesSupreme Court of Alabama · 1863
- Cowles v. MorganSupreme Court of Alabama · 1859
3Cited by6 opinions
- Coleman v. SmithSupreme Court of Alabama · 1876
- Lippincott v. MitchellSupreme Court of the United States · 1877
- Brevard's Executors v. JonesSupreme Court of Alabama · 1874
- Glenn v. GlennSupreme Court of Alabama · 1872
- Lee v. LeeSupreme Court of Alabama · 1884
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