Ashford v. Watkins
Supreme Court of Alabama
Appeal from the Chancery Court of Lawrence. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 17th September, 1879, by Mrs. Eugenia Ashford, against Peyton L. M. Watkins; and sought the cancellation of a mortgage on a house and lot in the town of Courtland, which the complainant claimed as belonging to her statutory separate estate, and an injunction of an action at law which the defendant had instituted against her to recover the possession of the…
Read the full summary
Appeal from the Chancery Court of Lawrence. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 17th September, 1879, by Mrs. Eugenia Ashford, against Peyton L. M. Watkins; and sought the cancellation of a mortgage on a house and lot in the town of Courtland, which the complainant claimed as belonging to her statutory separate estate, and an injunction of an action at law which the defendant had instituted against her to recover the possession of the house and lot, claiming as the purchaser at á sale made under the mortgage. The complainant and her husband, Hamet…
1Opinion of the CourtBrickell, C. J.
From the earliest history of our legislation, until the enactment of the statute approved April 15th, 1873 (Pamph. Acts, 1872-3, p. 93), which was amended by an act approved February 10th, 1875 (Pamph. Acts, 1874-5, p. 194), the enactment of special, private statutes, relieving particular married women, partially or entirely, from the disabilities of coverture, was a common practice. All such enactments were attributed to the prerogative, rather than to the legislative power of the General Assembly — the power, as parens patries, over the person or property of the citizen resting under legal…
2Cases cited9 opinions
- Chapman v. AbrahamsSupreme Court of Alabama · 1878
- Peeples v. StollaSupreme Court of Alabama · 1876
- Warfield v. RavesiesSupreme Court of Alabama · 1863
- Bibb v. PopeSupreme Court of Alabama · 1869
- Dreyfus v. WolffeSupreme Court of Alabama · 1880
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Warren v. WagnerSupreme Court of Alabama · 1883
- Cook v. Meyer Bros.Supreme Court of Alabama · 1883
- Walling v. Christian & Craft Grocery Co.Supreme Court of Florida · 1899
- Pollard v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1893
- Cohen v. Wollner, Hirschberg & Co.Supreme Court of Alabama · 1882
10 more not listed; retrieve them via the Exa API.