Conner v. Williams
Supreme Court of Alabama
APPEAL from Circuit Court of Mobile, sitting in chancery. Heard before Hon. H. T. Toulmln. The appellee, Louisa Williams, filed her bill on the equity .side of the Circuit Court, against Price Williams and Robert, his son, composing the firm of Williams & Son, and against her own son John, and Mrs. Elizabeth Conner.
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APPEAL from Circuit Court of Mobile, sitting in chancery. Heard before Hon. H. T. Toulmln. The appellee, Louisa Williams, filed her bill on the equity .side of the Circuit Court, against Price Williams and Robert, his son, composing the firm of Williams & Son, and against her own son John, and Mrs. Elizabeth Conner. The object of the bill was to annul and set aside a deed made by Mrs. Williams to her son, and a mortgage made by him to the appellant, Conner, on the ground that the conveyance and mortgage were a mere contrivance or scheme, in which respondents participated, to mortgage her…
1Opinion of the CourtStone, J.
The habendum clause of the deed under which Mrs. Louisa Williams held the lot which is in controversy in the present suit, is in the following language: •“To have and to hold said premises hereby conveyed to herself, the said Louisa Williams, and her heirs, forever, for their own proper use and benefit.”
In Mitchell v. Gates, 23 Ala. 446, this court said: “ The force of this word, own, has often been considered in this .•connection, and sound criticism has pronounced that it can not be held to be equivalent to sole or separate. It does not point at the marital right as these do. To say we take…
2Cases cited5 opinions
- Wilkinson v. CheathamSupreme Court of Alabama · 1871
- Johnson's Adm'r v. JohnsonSupreme Court of Alabama · 1858
- Rhett v. MastinSupreme Court of Alabama · 1869
- Caldwell v. Pickens' Adm'rSupreme Court of Alabama · 1864
- Mitchell v. GatesSupreme Court of Alabama · 1853
3Cited by3 opinions
- Lee v. TannenbaumSupreme Court of Alabama · 1878
- Gilbert v. Dupree's Adm'rSupreme Court of Alabama · 1879
- Denniston v. Alabama Gold Life InsuranceSupreme Court of Alabama · 1882