Williamson v. Baker
Supreme Court of Alabama
Appear from the Circuit Court of Chambers. Tried before the Hon. James E. Cobb. This action was brought originally in the names of Colon I). Baker and his wife, Gilley L. Baker, against Henry W. Williamson-, and was commenced on the 29th October, 1883; but the name of Mrs. Baker was afterwards struck out by amendment.
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Appear from the Circuit Court of Chambers. Tried before the Hon. James E. Cobb. This action was brought originally in the names of Colon I). Baker and his wife, Gilley L. Baker, against Henry W. Williamson-, and was commenced on the 29th October, 1883; but the name of Mrs. Baker was afterwards struck out by amendment. The original complaint contained only the common counts, and two other counts were added by amendment; the first claiming $110 “ for rent of land for the year 1882, which land was the separate statutory estate of plaintiff’s wife, Gilley Baker;” and the second claiming $110,…
1Opinion of the CourtSomerville, J.
In this case, the husband recovered the rents of the wife’s statutory separate estate, he suing as sole plaintiff in the action. It is insisted for appellant, "that the wife should have been the sole party plaintiff, and that she alone was entitled to sue, because the land in question was leased by her prior to her marriage, and that this fact constituted such rents a part of the corpus of her separate estate, although they accrued or became due after marriage. The case of Boggs v. Price, 64 Ala. 514, is relied on to support this view, and seems to sustain it. We do not concur in this view,…
2Cases cited4 opinions
- Pickens v. OliverSupreme Court of Alabama · 1857
- Lee v. TannenbaumSupreme Court of Alabama · 1878
- Boggs v. PriceSupreme Court of Alabama · 1879
- Gayle v. RandallSupreme Court of Alabama · 1882
3Cited by1 opinion
- Chandler v. JostSupreme Court of Alabama · 1886