Public-domain · open source
OpenJurist

178 Ala. 273

Cantrell v. Cantrell

Supreme Court of Alabama

Decided June 29, 1912

Supreme Court of Alabama · decided 1912-06-29

Heard before Hon. W. W. Whiteside. Bill by Jemima Cantrell against H. C. Cantrell to specifically perform. Prom a decree sustaining demurrers to the bill, complainant appeals. The contract referred to is as follows: “State of Alabama, Tallapoosa County. Know all men by these presents, that I, H. C. Cantrell, of Chambers county, have this day given to Jemima Phillips my entire possessions, which is 190 acres of land and 4 mules. The valuation of the above property is |3,000.

Cited by 4 later decisions — most recently March 1953

4 state decisions

Key passage — most relied on by later courts

“If there is any uncertainty as to the meaning of the reservation of a `living interest,' it would affect only the reservation, and not the validity of the conveyance.”

quoted by 1 later decision, including 112 Ind. App. 394 - Vanorman v. Vanorman

Relies on Harlowe v. Hudgins · Alabama Terminal & Inprovement Co. v. Hall & Farley · Frank v. Myers

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1912-06-29

View the full empirical analysis of this case →

SIMPSON, J.

¶1The bill in this case was filed by tbe appellant, alleging the execution of tbe paper (set out in the statement of tbe case by tbe reporter) wbicb tbe bill denominates an “obligation to convey.” Tbe bill alleges tbe consummation of tbe marriage in accordance with tbe terms of said instrument; that she and respondent lived together for about 10 years; that on December 6, 1906, “respondent exchanged lands with one T. J. Davis, or sold tbe lands” of wbicb be was in possession and held tbe title at tbe time of their marriage, to said T. J. Davis, and with tbe proceeds thereof bought tbe S. W. of tbe N. E. %, tbe E. % of tbe S. E. 14, and 20 acres of tbe N. E. % of tbe N. W. %, of section 24, township 22, range 25, in Chambers county, Ala., and that “oratrix joined with respondent in tbe execution of said conveyance, conveying tbe land first above described to said T. J. Davis,” and that tbe land just described was conveyed by said Davis to respondent and oratrix; that respondent is now in possession of said land and of tbe personal property mentioned in tbe antenuptial paper, be and complainant having separated.

¶2Tbe complainant in said bill offers to allow tbe respondent a support and maintenance from tbe proceeds of said property as long as be shall live, and is willing for tbe court to fix such an amount as will be proper for said maintenance.

¶3The prayers of the bill are that respondent be required to deliver possession of said property to tbe complainant, and for general relief.

¶4Tbe chancellor sustained tbe demurrer to tbe bill, stating in bis decree that tbe contract is “so indefinite *278and uncertain that it is doubtful if it could have been specifically performed at any time;” also: “It is a matter of mere speculation as to what the parties meant by ‘a living interest’ ”; also that the fact that no time is fixed when the disposition of the property shall be made “leaves a vital matter of the contract to the construction of the court.”

¶5Under the liberal provisions of our statute (Code of 1907, § 3356), the antenuptial instrument is a conveyance of all of the property owned by the respondent to the complainant. — 21 Cyc. 1245, 1259; Pierson v. Armstrong, 1 Iowa, 282, 63 Am. Dec. 441, 447, 448; Ward, et al. v. Ward, et al., 108 Ala 278, 380, 19 South. 354; Jackson v. Root, 18 Johns. (N. Y. 60-78; Evenson v. Webster, 3 S. D. 382, 53 N. W. 747, 44 Am. St. Rep. 802, 805-807; Harlowe v. Hudgins, 84 Tex. 107, 19 S. W. 364, 31 Am. St. Rep. 22, and note.

¶6If there is any uncertainty as to the meaning of the reservation of a “living interest,” it would affect only the reservation, and not the validity of the conveyance. We think, however, that the expression means a right to his support. Loyd v. Oates, 143 Ala. 231, 233, 234, 38 South. 1022, 111 Am. St. Rep. 39; Bromberg v. Smee, 130 Ala. 601, 604, 30 South. 483; Frank, et al. v. Myers, et al., 97 Ala. 437, 442, 11 South. 832.

¶7There being no limit to the time of disposition, it simply refers to any disposition that may be made at any time thereafter; and it provides very distinctly that whenever said property is disposed of the proceeds shall belong to complainant. Under this interpretation of the conveyance, the title to the property vested in the complainant, subject to the charge of the living interest in favor of her said husband, so long as they remained husband and wife; and when the property was *279disposed of the proceeds became the property of the complainant.

¶8The considertion for the property received from Davis having been the money or property of the complainant, and the title having been taken by the husband to both of them in place of the complainant alone, a trust results in favor of the wife, and she is entitled to have the legal title vested in her. — 2 Devlin on Deeds, § 1161. While the specific prayer of the bill is not for this relief, yet the general prayer is sufficient to cover it. — Mobile L. Imp. Co. v. Gass, 142 Ala. 520-530, 39 South. 229; Ala. Terminal, etc., Co. v. Hall & Farley, et al., 152 Ala. 263, 279, 44 South. 592; Sharpe, et al. v. Miller, 157 Ala. 299, 303, 47 South. 701. The personal property belongs to the complainant, and she is entitled to the possession of the land, subject to any right that the husband has to a “living interest,” which is recognized by the bill.

¶9For these reasons, we hold that there is equity in the bill.

¶10The decree of the court is reversed, and a decree will be here rendered, overruling the demurrer to the bill and remanding the cause.

¶11Beversed, rendered and remanded.

McClellan, Mayfield, and Somerville, JJ., concur. Anderson and Sayre, JJ., dissent. Dowdell, C. J:, not sitting.
/178/ala/273 · .json · Public domain