Strong v. Gregory
Supreme Court of Alabama
Error to the Chancery Court of Butler. Tried before the Hon. J. W. Lesesne. The bill shows that complainant, Susan Gregory, before her intermarriage, was possessed of ninety-two slaves in tbe State of Georgia, and also of a quantity of stock, farming utensils, &c; also, to tbe remainder in several tracts of land, and other slaves in which Mary Ingram had an estate for life.
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Error to the Chancery Court of Butler. Tried before the Hon. J. W. Lesesne. The bill shows that complainant, Susan Gregory, before her intermarriage, was possessed of ninety-two slaves in tbe State of Georgia, and also of a quantity of stock, farming utensils, &c; also, to tbe remainder in several tracts of land, and other slaves in which Mary Ingram had an estate for life. That intending to intermarry with Ossian Gregory, her husband, they entered into an agreement in writing, which described the slaves and other property, and recited that the marriage was shortly to be solemnized, and by…
1Opinion of the CourtDargan, C. J.
In the construction of instruments perfect and complete within themselves, and which require no further act to be done to define and ascertain the rights of the parties, before we can exclude the marital rights of the husband, it must plainly and distinctly appear, that such was the intention of the grantor.—Lamb. v. Wragg & Stewart, 8 Por.; Dunn and Wife v. The Bank of Mobile, 2 Ala. 152; Oneal v. Teague, 8 Ala. 345; Pollard v. Merrill & Exemir, 15 Ala. 169. The mere vesting of the legal title in a trustee for the use of a woman, whether sole or married, will not ordinarily have the effect…
2Cases cited3 opinions
- Dunn v. Bank of MobileSupreme Court of Alabama · 1841
- O'Neil v. TeagueSupreme Court of Alabama · 1845
- Pollard v. MerrillSupreme Court of Alabama · 1849
3Cited by9 opinions
- Corbett v. BerryhillSupreme Court of Iowa · 1870
- Johnson's Adm'r v. JohnsonSupreme Court of Alabama · 1858
- Edmondson v. WelshSupreme Court of Alabama · 1855
- Bryant v. BryantSupreme Court of Alabama · 1859
- Miller v. Voss, Taylor & Co.Supreme Court of Alabama · 1878
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