Doe ex dem. Hughes v. Wilkinson
Supreme Court of Alabama
ERROR to tbe Circuit Court of Montgomery. Tried before tbe Hou. Jsro. Gill Shorter. Tbe plaintiffs brought ejectment against tbe defendant to recover possession of lot No. 5, in tbe city of Montgomery, claiming title as beirs at law of Mrs. Jane A. E. McBryde, deceased. Tbe defendant set up title under a deed of bargain and sale, made by Edward A. McBryde and tbe said Jane A. E. Brydc, Ms wife, to one Homer Blackman, under whom tbe defendant bolds tbe premises by purchase.
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ERROR to tbe Circuit Court of Montgomery. Tried before tbe Hou. Jsro. Gill Shorter. Tbe plaintiffs brought ejectment against tbe defendant to recover possession of lot No. 5, in tbe city of Montgomery, claiming title as beirs at law of Mrs. Jane A. E. McBryde, deceased. Tbe defendant set up title under a deed of bargain and sale, made by Edward A. McBryde and tbe said Jane A. E. Brydc, Ms wife, to one Homer Blackman, under whom tbe defendant bolds tbe premises by purchase. It was agreed between tbe parties in tbe court below, as appears by tbe bill of exceptions, that tbe following are tbe…
1Opinion of the CourtLigon, J.
— Where the tfee of land is in the wife, she having received it by inheritance, the deed of the husband and wife, acknowledged in the ordinary form, as the first deed in this record seems to have been, would not pass it to the grantee, under the laws of this State; for, by these, as they existed at the time this deed was made, a married woman could part with her title to land in no other way than by deed acknowledged by her on private examination. Clay’s Dig. 155, § 27.
*299It is clear, that, if the title of the defendant depends upon the first deed in the record, with the certificate of…
2Cited by6 opinions
- Wife v. DarginSupreme Court of Alabama · 1880
- Doe ex dem. Hughes v. WilkinsonSupreme Court of Alabama · 1860
- McBryde's Heirs v. WilkinsonSupreme Court of Alabama · 1857
- Dugger v. CollinsSupreme Court of Alabama · 1881
- Ellison v. Mayor of MobileSupreme Court of Alabama · 1875
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