Legal Opinion

Patton v. Beecher

Supreme Court of Alabama

Decided December 15, 1878PublishedCited by 63 opinions

Appeal from Montgomery Chancery Court. Heard before Hon. H. Austill. The bill in the present case was filed by the appellant, Mrs. Elizabeth Patton, wife of J. O. Patton, against Edwin Beecher and'W.L. Chambers. It alleged that she was, prior to the 30th of October, 1869, seized in fee of a certain lot in the city of Montgomery, which was her statutory estate.

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Appeal from Montgomery Chancery Court. Heard before Hon. H. Austill. The bill in the present case was filed by the appellant, Mrs. Elizabeth Patton, wife of J. O. Patton, against Edwin Beecher and'W.L. Chambers. It alleged that she was, prior to the 30th of October, 1869, seized in fee of a certain lot in the city of Montgomery, which was her statutory estate. On the 3d day of July, Í871, at the instance of her husband, who had failed in business and become apprehensive that the property might be subjected to payment of his debts, she and her husband executed a deed of bargain and sale of the…

1Opinion of the CourtBrickell, C. J.

The bill is filed by the appellant, a married woman, to establish and enforce the execution of a parol trust, in opposition to the terms and legal effect of an absolute deed of lands, expressing an adequate consideration, executed by her and her husband in the mode prescribed by the statute to pass her contingent right of dower in the lands of hpr husband, or to pass her separate estate, whether it is *584statutory or equitable. The facts averred in the bill are, that she was seized in fee of the premises, having purchased them with moneys held by her as her statutory estate. On the 8d day of…

2Cases cited26 opinions

  1. Glass v. HulbertMassachusetts Supreme Judicial Court · 1869
  2. Kennedy's Heirs v. Kennedy's HeirsSupreme Court of Alabama · 1841
  3. Souverbye v. ArdenNew York Court of Chancery · 1814
  4. Hoge v. HogeSupreme Court of Pennsylvania · 1832
  5. Miller v. CottenSupreme Court of Georgia · 1848

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

3Cited by63 opinions

  1. Manning v. PippenSupreme Court of Alabama · 1888
  2. Westphal v. HeckmanIndiana Supreme Court · 1916
  3. Talley v. TalleySupreme Court of Alabama · 1946
  4. Montgomery v. McNuttSupreme Court of Alabama · 1926
  5. Smith v. SmithSupreme Court of Alabama · 1907

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

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