Kelly v. Turner
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. John A. Foster. In these several cases, which were heard together in the court below, and were argued and submitted as one case in this court, bills in equity were filed by several creditors of Mrs. Emma C. Kelly, a married woman, against her and her husband, Washington C. Kelly, seeking to subject to the payment of the complainants’ several debts Mrs. Kelly’s interest in certain real estate .in the city of…
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Appeal from the Chancery Court of Mobile. Heard before the Hon. John A. Foster. In these several cases, which were heard together in the court below, and were argued and submitted as one case in this court, bills in equity were filed by several creditors of Mrs. Emma C. Kelly, a married woman, against her and her husband, Washington C. Kelly, seeking to subject to the payment of the complainants’ several debts Mrs. Kelly’s interest in certain real estate .in the city of Mobile, which was alleged to be held by her as an equitable estate. Mrs. Kelly was a daughter of Hope H. Slatter, deceased,…
1Opinion of the CourtBbickell, C. J.
— Notwithstanding the able argument of the counsel for Mrs. Kelly, we are constrained to adhere to the conclusion expressed when this cause was before the court at a former term. The pleadings and the evidence do not authorize a reformation of the conveyance under which she holds the premises sought to be charged with debts contracted by her, as it must be presumed, on the faith and credit of her equitable *518separate estate. — Turner v. Kelly, 10 Ala. 85. There can be, in view of the evidence, no denial that the conveyance is precisely such as was designed by the parties; nor can it be…
2Cases cited31 opinions
- Adler v. FentonSupreme Court of the United States · 1861
- Edmeston v. LydeNew York Court of Chancery · 1829
- Evans v. WelchSupreme Court of Alabama · 1879
- Short v. BattleSupreme Court of Alabama · 1875
- Curtiss v. . AyraultNew York Court of Appeals · 1871
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3Cited by12 opinions
- Dozier v. FarriorSupreme Court of Alabama · 1914
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- Andrus v. BlazzardUtah Supreme Court · 1901
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