Heirs of McVoy v. Hallett
Supreme Court of Alabama
Writ of Error to the Court of Chancery for the first district. This bill was filed by Mrs. McVoy, in March, 1843, and after her death was revived by her heirs, against the executors and devisees of Joshua Kennedy.
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Writ of Error to the Court of Chancery for the first district. This bill was filed by Mrs. McVoy, in March, 1843, and after her death was revived by her heirs, against the executors and devisees of Joshua Kennedy. The case made by the bill is this, to wit: At the the time of her intermarriage with D. McVoy, in the year 1807, Mrs. McVoy was the widow of one McCarton, who in his lifetime was seized in fee of the lands in controversy, these having been conceded to him by the Governor and Intendant of Louisiana, in August, 1787, and afterwards confirmed, in 1810, to Mrs. McVoy as his devisee,…
1Opinion of the CourtGoldthwaite, J.
1. The conclusion to which the ' court has arrived in this cause, will render it unimportant to consider any but one of the positions assumed by the complainants. We think the deed executed by Mrs. McVoy, in 1810, is sufficient to transfer her estate in the land to Kennedy. It is conceded by the counsel on each side, that this was paraphernal property, as distinguished from dotal. It is said by Domat, that property is paraphernal which the wife gives not to the dotal estate — whether she expresses what she reserves, or specifies that to which she directs this title to be given. All that…
2Cases cited2 opinions
- Highlander v. FlukeSupreme Court of Louisiana · 1818
- Old v. FeeSupreme Court of Louisiana · 1820