Linam v. Reeves
Supreme Court of Alabama
Appeal from Wilcox Circuit Court. Tried before Hon. JOHN K. HeNRY. This was an action of trover brought by Amanda M. Beeves, the appellee, against W. H. Linam, the appellant, to recover a horse which was the corpus of her statutory separate estate, and which her husband bad mortgaged to appellant to secure the payment of a bale of cotton.
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Appeal from Wilcox Circuit Court. Tried before Hon. JOHN K. HeNRY. This was an action of trover brought by Amanda M. Beeves, the appellee, against W. H. Linam, the appellant, to recover a horse which was the corpus of her statutory separate estate, and which her husband bad mortgaged to appellant to secure the payment of a bale of cotton. The testimony of tbe plaintiff and her husband was taken on interrogatories, and tbe defendant, in cross examining them, asked various questions, such as, “ What was done with tbe money arising from the sale of the bale of cotton?” “Was it not used in…
1Opinion of the CourtBkeokell, C. J.
This case was. before this court at a former term, and is reported.—Reeves v. Linam, 57 Ala. 564. All the questions now presented, with the exception of the, instructions given or refused, in reference to the measure of damages, were determined adversely to the appellant. If, as does not now seem to be disputed, the horse was of the corpus di the statutory separate estate of the. appellee, it is too plain for discussion that the husband was without power to pass any title to it by mortgage.—Patterson v. Flanagan, 37 Ala. 513. Nor could title be conveyed otherwise than by an instrument in…
2Cases cited8 opinions
- Ewing v. BlountSupreme Court of Alabama · 1852
- Peeples v. StollaSupreme Court of Alabama · 1876
- Jenkins v. McConicoSupreme Court of Alabama · 1855
- Lee v. MathewsSupreme Court of Alabama · 1846
- Whitman v. AbernathySupreme Court of Alabama · 1858
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Atlanta & Birmingham A. L. Ry. v. BrownSupreme Court of Alabama · 1908
- Howton v. MathiasSupreme Court of Alabama · 1916
- Birmingham Mineral Railroad v. Tennessee Coal, Iron RailroadSupreme Court of Alabama · 1899
- Dixon v. StateSupreme Court of Alabama · 1886
- Boutwell v. Parker & Co.Supreme Court of Alabama · 1899
4 more not listed; retrieve them via the Exa API.