Goldsmith v. Stetson
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. Wade Keyes. ' This bill was filed by Mrs. Sarah Goldsmith, the appellant, who sued by her next friend, alleging that she intermarried with her present husband, in this State, in 1849 ; that she was possessed, at the time of her marriage, of #2,000, which, by ante-nuptial contract with her liusb and, was settled and secured to her separate use; that no trustee was appointed in said marriage-contract; that said…
Read the full summary
Appeal from the Chancery Court of Mobile. Heard before the Hon. Wade Keyes. ' This bill was filed by Mrs. Sarah Goldsmith, the appellant, who sued by her next friend, alleging that she intermarried with her present husband, in this State, in 1849 ; that she was possessed, at the time of her marriage, of #2,000, which, by ante-nuptial contract with her liusb and, was settled and secured to her separate use; that no trustee was appointed in said marriage-contract; that said $2,000 went into the possession of her husband, as her trustee, and was invested by him, with his own capital, in the boot…
1Opinion of the CourtWalker, J.
To the equity of the complainant’s bill the maintenance of the following consecutive propositions is necessary: 1. That the complainant had, after her marriage, a separate estate in the two thousand dollars delivered to her husband. 2. That her husband was, as to this fund, a trustee for her. 3. That the trust was carried into, and fastened upon the goods levied on. 4. That that trust may be forced upon the conscience of. the plaintiffs in attachment, who caused the goods to be sold, or upon the money arising from the sale.
Waiving the consideration of the other propositions, the third is, in…
2Cases cited2 opinions
- Maury's Adm'r v. Mason's Adm'rSupreme Court of Alabama · 1838
- Montgomery's Executors v. KirkseySupreme Court of Alabama · 1855
3Cited by5 opinions
- Anheuser-Busch Brewing Ass'n v. ClaytonCourt of Appeals for the Fifth Circuit · 1893
- Ellison v. MosesSupreme Court of Alabama · 1891
- St. Louis Brewing Ass'n v. AustinSupreme Court of Alabama · 1893
- Hooley v. GieveNew York Court of Common Pleas · 1878
- Du Bose v. CarlisleSupreme Court of Alabama · 1874