Harkins v. Coalter
Supreme Court of Alabama
This was a bill in Chancery, filed in the Circuit Court of Lauderdale, by Coalter and wife, to enforce the terms of adeed.
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This was a bill in Chancery, filed in the Circuit Court of Lauderdale, by Coalter and wife, to enforce the terms of adeed. From the bill, answer, and exhibits, it appeared that Coalter having intermarried with Rachel, the daughter of one James Rhodes, and become embarrassed, the said Rhodes executed his deed of certain personal property to his daughter Rachel, which, as was contended in the bill, was intended for the sole use, benefit and behoof of the wife of complainant, and to secure her a livelihood free from, and uncontrolled by the debts and contracts of her husband ; that afterwards,…
1Opinion of the Court
By Mr. Chief Justice Saffold :
According to the view we take of the case, the following enquiries embrace the entire merits, and are decisive of the controversy.
1. What is the true and proper construction of the deed.
2. The consequence of the non-delivery of the property at the time the deed was delivered, and the subsequent delivery, under the circumstances of the case.
3. The legal effect of the conveyance in exempting the property from liability to Coalter’s debts.
The deed is doubtless one of the most obscure and incongruous instruments, that could have passed from the hands of the merest…
2Cited by4 opinions
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- Caldwell v. Pickens' Adm'rSupreme Court of Alabama · 1864
- Sanderson v. JonesSupreme Court of Florida · 1855