Daffron v. Crump
Supreme Court of Alabama
Appeal from St. Clair Circuit” Court. Tried before Hon. Leroy E. Box. The appellee having obtained a judgment against Wesley Daffron, the husband of the appellant, before a justice of the peace, caused an execution to be issued thereon, which was levied on a “ yoke of oxen,” as the property of the defendant in execution.
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Appeal from St. Clair Circuit” Court. Tried before Hon. Leroy E. Box. The appellee having obtained a judgment against Wesley Daffron, the husband of the appellant, before a justice of the peace, caused an execution to be issued thereon, which was levied on a “ yoke of oxen,” as the property of the defendant in execution. A claim to the oxen was interposed by the appellant under the statute, which was tried before the justice, and from the judgment rendered by him an appeal was taken •to the Circuit Court, where the cause was tried de novo. The evidence introduced on the trial tended to show,…
1Opinion of the CourtStone, J.
The present record does not inform us whether the wheat and cotton, which were used in paying for the oxen, were produced before or after the marriage of claimant'with Mr. Daffron. If before, then they were of the corpus of her estate. If afterwards, they were income and profits. The proper settlement of this question enters materially into the power and authority of the husband over their proceeds, and •consequently into the question of ownership of the oxen. If the wheat and cotton were of the corpus of the wife’s estate, then, inasmuch as the title to chattels is not usually evidenced by…
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