Barfield v. Barfield
Supreme Court of Alabama
Aitioab from' the.Circuit Court of Houston. Tried before the I-Ion. JOHN P. Hubbard. This was an action of trover, brought by the appellant, Mrs. Emma Louisa Barfield, against the appellee, John Barfield, to recover, damages for the alleged wrongful conversion of personal property which constituted a part of the estate of W. M. Barfield, deceased. The defendant pleaded the general issue.
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Aitioab from' the.Circuit Court of Houston. Tried before the I-Ion. JOHN P. Hubbard. This was an action of trover, brought by the appellant, Mrs. Emma Louisa Barfield, against the appellee, John Barfield, to recover, damages for the alleged wrongful conversion of personal property which constituted a part of the estate of W. M. Barfield, deceased. The defendant pleaded the general issue. The cause was tried upon an agreed statement of facts, which disclosed the following facts: The plaintiff in this case was formerly the wife of one Henry Sellers, having been married to him and resided with…
1Opinion of the CourtMcCLELLAN, C. J.
There can be no'doubt-that plaintiff’s marriage with Barfield was against the proliition and subjected her to the penalty provided by section 4-JOG of the Code. She, in other words, was guilty of a felony in entering into the marriage with Barfield. The nian Sellers was alive when she married Barfield — is yet, for that matter — -and then was her former husband within the letter and meaning of the statute; and the fact that he had obtained decree of divorce from her, which provided for his manwing again, and that he had remarried prior to lrer marriage to Barfield constitutes no defense to…
2Cited by14 opinions
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- Smith v. GoldsmithSupreme Court of Alabama · 1931
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