Rogers v. Boyd
Supreme Court of Alabama
Appeal from the Chancery Court of Dallas. Heard before the Hon. James B. Clark. This hill was filed by Simeon Rogers, the appellant, against the administrator of his deceased wife, alleging, in substance, that he and his deceased wife were married, in Balias county, Alabama, on the 27th January, 1851; that they lived together as husband and -wife, until the 24th May, 1855, when his wife died, intestate, and without issue; that his wife, at the time of their said marriage,…
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Appeal from the Chancery Court of Dallas. Heard before the Hon. James B. Clark. This hill was filed by Simeon Rogers, the appellant, against the administrator of his deceased wife, alleging, in substance, that he and his deceased wife were married, in Balias county, Alabama, on the 27th January, 1851; that they lived together as husband and -wife, until the 24th May, 1855, when his wife died, intestate, and without issue; that his wife, at the time of their said marriage, was possessed of a considerable personal estate, consisting principally of slaves, which she held as her separate estate…
1Opinion of the CourtStone, J.
The present suit was instituted by the husband of the intestate, and, so far as the record discloses, the creditors do not desire to charge their debts upon the estate. Hence, we are not called upon to decide whether they have any, and if any, what rights in refer-*181once to this property. It will be time enough to consider their rights, when they invoke their consideration.
Neither are we required, by anything apparent upon this record, to decide how far a married woman, having a separate estate, created either by contract or by law, can by contract fasten a charge upon her separate estate,…
2Cases cited8 opinions
- Pickens v. OliverSupreme Court of Alabama · 1857
- Gibson v. MarquisSupreme Court of Alabama · 1857
- Hoot v. SorrellSupreme Court of Alabama · 1847
- Durden v. McWilliamsSupreme Court of Alabama · 1858
- Roper v. RoperSupreme Court of Alabama · 1856
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Smyley v. ReeseSupreme Court of Alabama · 1875
- Lee v. TannenbaumSupreme Court of Alabama · 1878
- Warfield v. RavesiesSupreme Court of Alabama · 1863
- Hall v. StewartSupreme Court of Virginia · 1923
- Patterson v. FlanaganSupreme Court of Alabama · 1861
4 more not listed; retrieve them via the Exa API.