Richardson v. Stephens
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. Tried before the ITon. John R. Tyson. This was a statutory action of ejectment, brought by the appellant against J. W. Stephens and E. E. Stephens, his wife, who is the appellee, for a tract of land specifically described in the complaint.
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Appeal from the Circuit Court of Barbour. Tried before the ITon. John R. Tyson. This was a statutory action of ejectment, brought by the appellant against J. W. Stephens and E. E. Stephens, his wife, who is the appellee, for a tract of land specifically described in the complaint. J. W. Stephens filed a plea disclaiming all right of possession, and thé defendant, E. E. Stephens, filed the following pleas: “1. Not guilty. 2. That the land sued for belonged to her at the time the mortgage which is the foundation of plaintiff’s title was executed by her and her husbaiid; that she was at the time…
1Opinion of the Court
HARALSON, J. —
The court, on the disclaimer of J. W. Stephens, gave judgment against him, but E. E. Stephens, his wife, defended on the ground that the land sued for was hers, as her statutory separate estate; that the mortgage debt was that of her husband, and that *241she is and was a mere surety on said debt for her husband, and that it and the mortgage on her land, were of no force and effect, and void as to her.
That the land was her statutory separate estate, and did not belong to her husband, at the time of the execution of said note and mortgage, is not denied. Her title to the land was of…
2Cases cited9 opinions
- Bynum v. GoldSupreme Court of Alabama · 1894
- Wadsworth v. HodgeSupreme Court of Alabama · 1889
- Lansden v. BoneSupreme Court of Alabama · 1890
- Dudley v. Collier & PinckardSupreme Court of Alabama · 1888
- Winter & Loeb v. PoolSupreme Court of Alabama · 1893
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Fries v. Acme White Lead & Color WorksSupreme Court of Alabama · 1918
- Richardson v. StephensSupreme Court of Alabama · 1898
- Louisville & Nashville Railroad v. StewartSupreme Court of Alabama · 1900
- First National Bank v. LelandSupreme Court of Alabama · 1898
- Lecroix v. MaloneSupreme Court of Alabama · 1908
13 more not listed; retrieve them via the Exa API.