Perdue v. Montgomery Building & Loan Ass'n
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the lion. John P. Hubbard. This action was brought by the appellee, a private corporation, against Mrs. Sallie L. Perdue and others, to recover two lots in the city of Montgomery; and was commenced on the 17th November, 1885. The defendants, who were the children of David H. Carter and his wife, Mrs. Martha L. Carter, pleaded not guilty; and the cause was tried on issue joined on that plea.
Read the full summary
Appeal from the Circuit Court of Montgomery. Tried before the lion. John P. Hubbard. This action was brought by the appellee, a private corporation, against Mrs. Sallie L. Perdue and others, to recover two lots in the city of Montgomery; and was commenced on the 17th November, 1885. The defendants, who were the children of David H. Carter and his wife, Mrs. Martha L. Carter, pleaded not guilty; and the cause was tried on issue joined on that plea. The plaintiff claimed title under two mortgages executed to it by said David H. Carter and wife, the first of which was dated the 13th May, 1871;…
1Opinion of the CourtStone, C. J.
It is not controverted by appellants, that the language of the habendum clause, in the deed we are called upon to interpret, would, if found in a deed of bargain and sale, vest in Mrs. Carter, the grantee, an equitable separate estate, as distinguished from an estate made separate by our statute. “ To have and to hold . . unto the said Martha L. Carter, for her sole' use and benefit,” are clearly words of exclusion, under all our rulings. The decisions of this court, 'bearing on the question, are to some extent collected and classified in Miller v. Voss, 62 Ala. 122; 2 Brick. Dig. 81.
The…
2Cases cited1 opinion
- Miller v. Voss, Taylor & Co.Supreme Court of Alabama · 1878
3Cited by1 opinion
- Barclift v. LillieSupreme Court of Alabama · 1886