Gunn v. Hardy
Supreme Court of Alabama
Appeal from the Chancery Court of Shelby. Heard before the Hon. S. K. McSpadden. The facts are sufficiently stated in the opinion.
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Appeal from the Chancery Court of Shelby. Heard before the Hon. S. K. McSpadden. The facts are sufficiently stated in the opinion. The bill was evidently filed on either the theory that the conveyance by the husband to the wife (conceding its validity as to creditors of the husband) under the operation of the married woman’s laws existing anterior to the act of February 28, 1887, embraced in sections'2341 et seq. of the Code of 1886, conveyed to her an equitable title which was not changed by the new law: or, that the land being a homestead, a conveyance by the husband to the wife in the…
1Opinion of the CourtColeman, J.
In December 1893, the appellant ' Gunn purchased at sheriff’s sale the house and lot in ’ controversy, sold under execution against J. D. Hardy. The purchaser received a deed from the sheriff duly executed, conveying to him the interest of the said J. D. *612Hardy, and upon this title instituted the statutory action of ejectment against Hardy and Wild who were in possession, to recover the property. Pending the ejectment suit, Louisa Hardy, wife of J. D. Hardy and her husband filed the present bill in the chancery court and prayed that the ejectment suit be enjoined. The court granted a temporary…
2Cases cited5 opinions
- Turner v. BernheimerSupreme Court of Alabama · 1891
- Bruce v. BruceSupreme Court of Alabama · 1891
- Kuhl v. LongSupreme Court of Alabama · 1893
- Maxwell v. GraceSupreme Court of Alabama · 1888
- Scharf v. MooreSupreme Court of Alabama · 1893
3Cited by2 opinions
- Preuit v. WallaceSupreme Court of Alabama · 1939
- Milam v. ColeySupreme Court of Alabama · 1905