Parker v. Marks
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. S. X. McSpadden. The bill in this case was file-d on the 9th July, 1886, by Sylvian Marks, against Mrs. Thomasina R. Parker and her husband, James Parker; and sought to subject Mrs. Parker’s interest in a certain house and lot in the city of Montgomery, alleged to be held by her as an equitable separate estate, to the payment of three promissory notes executed by her, of which the complainant claimed to be…
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. S. X. McSpadden. The bill in this case was file-d on the 9th July, 1886, by Sylvian Marks, against Mrs. Thomasina R. Parker and her husband, James Parker; and sought to subject Mrs. Parker’s interest in a certain house and lot in the city of Montgomery, alleged to be held by her as an equitable separate estate, to the payment of three promissory notes executed by her, of which the complainant claimed to be the owner and holder by indorsement. Each of the notes was for $184.25, was dated Montgomery, October 8th, 1880, and…
1Opinion of the CourtSomerville, J.
The deed of June the seventh, 1879, from Kennedy and wife to Mrs. Parker, the appellant, is admitted, on its face to create in her an equitable separate estate. It is a warranty deed, and was clearly intended, as it purports, to create a fee-simple estate in the grantee.
It is contended for the appellee, that the notes executed by Mrs. Parker on October the eighth, 1880, were intended to charge the lee-simple title, or entire property, which the deed purported to convey, and which she then claimed to own, and evidently believed she owned; and that this intention can not be limited to the…
2Cases cited4 opinions
- Loeb v. McCulloughSupreme Court of Alabama · 1885
- Parker v. RoswaldSupreme Court of Alabama · 1885
- Robinson v. WalkerSupreme Court of Alabama · 1886
- Bell v. LockeSupreme Court of Alabama · 1876
3Cited by9 opinions
- Farrior v. New England Mortgage Security Co.Supreme Court of Alabama · 1890
- Prewitt v. AshfordSupreme Court of Alabama · 1890
- Sisson v. SwiftSupreme Court of Alabama · 1942
- Henderson v. NolandSupreme Court of Alabama · 1939
- Hargrave v. Melbourne & TroySupreme Court of Alabama · 1888
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