Perryman v. Greer
Supreme Court of Alabama
Appeal from tbe Chancery Courtfat Mobile. Heard before tbe Hon. N. W. Cocke. - The original bill in this case was filed, on tbe 2d April, 1860, by Mrs. Sarab Greer, suing by ber next friend, against Erastus S. Perryman, Martin Greer, (wbo was ber husband.,) and James Greer; and sought to enjoin the sale of certain slaves, which belonged to the complainant, under a mortgage executed by her and her husband to Perryman, and to have the mortgage declared null and void.
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Appeal from tbe Chancery Courtfat Mobile. Heard before tbe Hon. N. W. Cocke. - The original bill in this case was filed, on tbe 2d April, 1860, by Mrs. Sarab Greer, suing by ber next friend, against Erastus S. Perryman, Martin Greer, (wbo was ber husband.,) and James Greer; and sought to enjoin the sale of certain slaves, which belonged to the complainant, under a mortgage executed by her and her husband to Perryman, and to have the mortgage declared null and void. The mortgage, which was dated the 4th February, 1860, was executed by the complainant and her husband for the purpose of securing…
1Opinion of the CourtA. J. Walker, C. J.
On^the 23d January, 1845, an act of tbe legislature was passed, which declared tbat, from and after its passage, Sarah Greer, a feme covert, should be capable “of receiving and bolding property by gift, purchase, or inheritance,” as a feme sole; and tbat property thereafter acquired, by gift, inheritance, or purchase, should be free from babibty to ber husband’s debts; and tbat sbe should be incompetent to “ sell and dispose of ” such property, during coverture, except by last will and testament. — Pamphlet Acts, 1844-5, p. 172. When this act was passed, Mrs. Greer was a distributee of tbe…
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