Wife v. Dargin
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. Charles Turner. In March, 1872, Adam C. Baird, Mrs. M. A. Biyfche, wife of William Blythe, and S-. L. Cook, wife of O. B. Cook, being siezed and possessed in equal interests, as tenants-in common, of a certain lot of land in Birmingham, Mrs. Blythe and Mrs. Cook holding their interests, as their separate estates under the statute, agreed among themselves upon a partition of the lot, so that each should hold and own in…
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Appeal from Jefferson Chancery Court. Heard before Hon. Charles Turner. In March, 1872, Adam C. Baird, Mrs. M. A. Biyfche, wife of William Blythe, and S-. L. Cook, wife of O. B. Cook, being siezed and possessed in equal interests, as tenants-in common, of a certain lot of land in Birmingham, Mrs. Blythe and Mrs. Cook holding their interests, as their separate estates under the statute, agreed among themselves upon a partition of the lot, so that each should hold and own in sever-raltj a designated one third part thereof, of equal value; and thereupon, in pursuance of the agreement of…
1Opinion of the CourtBrickell, C. J.
The question involved in these cases is, whether a conveyance by a married woman of lands, her statutory separate estate, executed by her in the presence of two subscribing witnesses, and acknowledged before, and certified by a justice of the peace, signed by the husband, but in which he is not nominated’ as a grantor, and which contains no words of conveyance passing or intending to pass his estate or interest in the lands, can, in a court of equity, after the purchase-money has been paid, and possession taken and continued without interruption for a period of five years, be enforced as a…
2Cases cited14 opinions
- Martin v. DwellyCourt for the Trial of Impeachments and Correction of Errors · 1830
- Gibson v. MarquisSupreme Court of Alabama · 1857
- Short v. BattleSupreme Court of Alabama · 1875
- Marks v. CowlesSupreme Court of Alabama · 1875
- Warfield v. RavesiesSupreme Court of Alabama · 1863
9 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Bolman v. OverallSupreme Court of Alabama · 1886
- Louisville & Nashville Railroad v. BoykinSupreme Court of Alabama · 1884
- Rooney v. Michael & LyonsSupreme Court of Alabama · 1887
- Dinkins v. LathamSupreme Court of Alabama · 1907
- Strahan v. HaynesArizona Supreme Court · 1928
18 more not listed; retrieve them via the Exa API.