Manning v. Manning
Supreme Court of Alabama
Appeal from tlie Chancery Court of Lowndes. Heard before the Hon. J. W. Lesesne. A bill was filed in the Chancery Court of Lowndes for the partition of certain slaves among the children of John M. Mock, in which partition had been decreed, and a sale of the slaves ordered.
Read the full summary
Appeal from tlie Chancery Court of Lowndes. Heard before the Hon. J. W. Lesesne. A bill was filed in the Chancery Court of Lowndes for the partition of certain slaves among the children of John M. Mock, in which partition had been decreed, and a sale of the slaves ordered. After the sale, and while the money was in the hands of the register, Emily Manning, who was one of the children of said Mock, filed her petition in said court against her husband, Moses T. Manning, in which she alleged that she was entitled to her share of said fund in her own right, “being one of the children of said Mock…
1Opinion of the CourtChilton, C. J.
The Chancellor, in his decree, appears to have overlooked the demurrer in the answer to the petition. It is certainly defective, in failing to show that the property which was ordered to be sold, and on account of the sale of which the money, sought to be obtained and settled to the sole and separate use of the wife, accrued, had not, before the sale, been reduced to the husband’s possession.
If the husband’s marital rights had attached, — in other words, if he had reduced the slaves into possession as husband, the subsequent sale by order of the Chancery Court, for the purpose of a more…
2Cited by7 opinions
- Thrasher v. IngramSupreme Court of Alabama · 1858
- Sharp v. Burns & ColesSupreme Court of Alabama · 1860
- Hardy v. BoazSupreme Court of Alabama · 1856
- Anderson's Ex'r v. Anderson's HeirsSupreme Court of Alabama · 1861
- Memphis Charleston Railroad v. BynumSupreme Court of Alabama · 1890
2 more not listed; retrieve them via the Exa API.