Wright v. Preston
Supreme Court of Alabama
Appeal from the Circuit Court of Greene. Tried before the Hon. Luther B. Smith. Tbis was a summary proceeding, by notice and motion, to sell certain lands, alleged to belong to tbe statutory separate estate of Mrs. Georgia H. Wright, the appellant, in satisfaction of a judgment, which the plaintiffs (appellees) had recovered against her husband, John V. Wright, as hereinafter stated. The record does not show at what time it was commenced.
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Appeal from the Circuit Court of Greene. Tried before the Hon. Luther B. Smith. Tbis was a summary proceeding, by notice and motion, to sell certain lands, alleged to belong to tbe statutory separate estate of Mrs. Georgia H. Wright, the appellant, in satisfaction of a judgment, which the plaintiffs (appellees) had recovered against her husband, John V. Wright, as hereinafter stated. The record does not show at what time it was commenced. The defendant pleaded, as the bill of exceptions recites, “non assumpsit, with leave to give in evidence any special matter of defense, and the statute of…
1Opinion of the Court
STONE, J. —
The liability of the statutory separate estate of a married woman, “for articles of comfort and support of the household,” etc., may “be enforced by action at law against the husband alone, or against the husband and wife jointly.” — Rev. Code, § 2376.
“If suit is brought against the husband alone, upon any such contract, and execution is returned ‘not satisfied,’ the separate estate of the wife may be sold, by order of the court, for the satisfaction of the judgment, ten days’ notice in writing being given to the wife, of the intended motion.” Rev. Code, § 2377.
Appellees had…
2Cases cited6 opinions
- Aday v. EcholsSupreme Court of Alabama · 1850
- Sharp v. Burns & ColesSupreme Court of Alabama · 1860
- Travis v. TarttSupreme Court of Alabama · 1845
- Legal Representatives of Thomas v. HopperSupreme Court of Alabama · 1843
- Jackson v. ShipmanSupreme Court of Alabama · 1856
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Minniece v. JeterSupreme Court of Alabama · 1880
- Cadick Milling Co. v. Dothan Bank & Trust Co.Supreme Court of Alabama · 1941
- George Dedmon v. Falls Products IncorporatedCourt of Appeals for the Fifth Circuit · 1962
- George Dedmon v. Falls Products IncorporatedCourt of Appeals for the Fifth Circuit · 1962
- Roberts v. RiceSupreme Court of Alabama · 1881