Canty v. Sanderford
Supreme Court of Alabama
.'"Appeal from-the Circuit Court of Choctaw, Tried before the Hon. C, W. Rapier. This action was brought by Mrs. Damarius Canty, - against John Sanderford, to recover a horse, which the plaintiff claimed as a part of her separate estate under the laws of this State, and to which the defendant asserted title as a derivative purchaser from F. M. Canty, the plaintiff’s late husband. The date of the plaintiff’s marriage with F« 7l\l.
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.'"Appeal from-the Circuit Court of Choctaw, Tried before the Hon. C, W. Rapier. This action was brought by Mrs. Damarius Canty, - against John Sanderford, to recover a horse, which the plaintiff claimed as a part of her separate estate under the laws of this State, and to which the defendant asserted title as a derivative purchaser from F. M. Canty, the plaintiff’s late husband. The date of the plaintiff’s marriage with F« 7l\l. Canty, and the time when she acquired, the property, .are nowhere stated in the record; but the-bill of exceptions states, that she bought the horse, at an…
1Opinion of the CourtStone, J.
We think the circuit court erred in both features of its charge to the jury. Tile act of 1850 (§ 5). declares, that “ such property [that is, property belonging to the wife’s separate estate secured to her under that act], may. .be sold by the husband and wife, and' conveyed by their joint deed.” — Session Acts 1849-50, p.'64. The Code (§ 1984). declares, that the separate property of the' wife “ may be sold by the husband and wife, and-coriveyed’ by them.jointly, by instrument of writing attested by two’ witnesses.. — See Durden v. McWilliams, 31 Ala. 440. “ These provisions are obviously…
2Cases cited1 opinion
- Drake v. GloverSupreme Court of Alabama · 1857
3Cited by8 opinions
- Cook v. Meyer Bros.Supreme Court of Alabama · 1883
- Copeland v. Kehoe & RamseySupreme Court of Alabama · 1880
- Hays v. CockrellSupreme Court of Alabama · 1867
- Wife v. DarginSupreme Court of Alabama · 1880
- Wilder v. WilderSupreme Court of Alabama · 1889
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