Armstrong v. Connor

Supreme Court of Alabama
Armstrong v. Connor, 86 Ala. 350 (Ala. 1888)
Stone

Armstrong v. Connor

Opinion of the Court

STONE, C. J.

If the bill in this case had shown that complainant had a legal title to the land on which she could have sued at law, then, being out of possession, she could obtain no relief in chancery, on a bill which had no other equitable aim than a removal of a cloud from her title. Peebles v. Burns, 77 Ala. 290. And a mortgage executed by husband and wife, by which they attempt to convey her statutory separate estate, if executed prior 'to our late statute on the subject — February 28, 1887 — is absolutely void, and opposes no bar to the assertion of her right in a court of law. — 3 Brick. Dig. 553, §§ 153 et seq.

The question, however, is very different, when the husband and wife execute a deed of conveyance, absolute in form, and upon a recited valuable consideration. The statute conferred *352on them the right to sell and convey; and if on its face the deed purported to conform to its requirements, the legal title would thereby be devested out of the wife. — Code of 1876, § 2707; 3 Brick. Dig. 552, §§ 140 et seq. In such case, the wife, whether in or out of possession, had no redress at law, but could be relieved in the Chancery Court. — Snyder v. Glover, 75 Ala. 379; Harden v. Darwin, 77 Ala. 472; 3 Pom. Eq. § 1399, and note.

In dismissing the .bill for want of equity the chancellor erred.

Reversed and remanded.

Reference

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7 cases
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Published