110 Tenn. 303 | Tenn. | 1903
delivered the opinion of the Court.
This was an action brought in the chancery court of Crockett county by the heirs at law of Mrs. Nannie A. Drake, deceased, to recover of her surviving husband, the defendant, W. F. Drake, a tract of land, her general estate, which she during the marriage had conveyed to her husband, her privy examination having been taken, but the deed having been signed by her alone. The chancellor held that the conveyance was void, and gave the complainants relief.
There was no error in the decree. This exact question was decided by this court in the case of Giffin v. Giffin, at the September term, 1896. No written opinion was filed by this court, but the opinion of the court of chancery appeals (37 S. W., 710), which presents that single point, was affirmed. That case contains a full discussion of the subject.
Complainants’ counsel seem to have been misled by a dictum of McFarland, J., in Molloy v. Clapp, 2 Lea, 586, 588, 589, which intimates a contrary view as the proper construction of the act of 1869-70, page 113, chapter 99, .What was there said, however, upon the subject of the general estate of the wife, was pure die-
Affirm the decree.