Legal Opinion

Lewis v. Davis

Supreme Court of Alabama

Decided November 30, 1916PublishedCited by 24 opinions

Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by George W. Lewis and wife against John W. Davis to vacate and annul a deed, and for general relief. From a decree for respondent, complainants appeal.

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Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by George W. Lewis and wife against John W. Davis to vacate and annul a deed, and for general relief. From a decree for respondent, complainants appeal. The bill alleges in substance that Lewis and Elizabeth Rowe were married on September 16, 1914, and that prior and up to that date Lewis was and had been the undisputed owner of a tract of land, which the bill describes, and the fact that Lewis owned said property was known to Elizabeth Rowe at the time she agreed to marry him, and that at the time of the marriage she…

1Opinion of the CourtThomas, J.

The bill is filed by George W. Lewis and his wife, Elizabeth, for the purpose of having set aside a conveyance made by Lewis, on the day before his marriage, to the said Davis.

The grounds on which relief is sought are, the want of consideration, a fraud on- the marital right of the wife, and incapacity of the grantor, by reason of intoxication at the time, to execute the conveyance.

Respondent (appellee here), answering the bill, denied the allegations therein contained, and alleged, not only that a small sum was paid to grantor at the time of the execution of the conveyance, but that the real…

2Cases cited24 opinions

  1. Betts v. WardSupreme Court of Alabama · 1916
  2. West v. HendrixSupreme Court of Alabama · 1856
  3. Nelson v. BrownSupreme Court of Alabama · 1910
  4. Smith v. SmithSupreme Court of Alabama · 1907
  5. Yarborough's Adm'r v. AvantSupreme Court of Alabama · 1880

19 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Pollak v. MillsapSupreme Court of Alabama · 1928
  2. Cousins v. CrawfordSupreme Court of Alabama · 1953
  3. Harris v. BowlesSupreme Court of Alabama · 1922
  4. Equitable Life Assur. Soc. of United States v. WelchSupreme Court of Alabama · 1940
  5. Richardson v. CurleeSupreme Court of Alabama · 1934

19 more not listed; retrieve them via the Exa API.

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