Sterns v. Weathers
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. Tried before the Hon. C. W. Rapier. This action was brought by Mrs. Jane Sterns, the appellant, against the administrator of Samuel Weathers, deceased, who was her former husband, to recover |500 belonging to her separate estate, alleged to have been received by said Weathers on the 8th November, 1849. The bill of exceptions, which presents all the facts of the case, is as follows: “The plaintiff proved, that in 1847, and from that…
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Appeal from the Circuit Court of Barbour. Tried before the Hon. C. W. Rapier. This action was brought by Mrs. Jane Sterns, the appellant, against the administrator of Samuel Weathers, deceased, who was her former husband, to recover |500 belonging to her separate estate, alleged to have been received by said Weathers on the 8th November, 1849. The bill of exceptions, which presents all the facts of the case, is as follows: “The plaintiff proved, that in 1847, and from that time until the death of defendant’s intestate, which occurred in Barbour county in 1852, and for some years prior to…
1Opinion of the CourtStone, J.
It may be conceded, without affecting the result of this case, that at the time the woman’s law went into operation, March 1, 1848, the marital right of Samuel Weathers had not attached to the pecuniary legacy of five hundred dollars, bequeathed to the plaintiff’ under the will of her father. In November, 1849, he did reduce the legacy to possession; and the question is, did the act of 1848 take away his right, as husband, to do so ?
The act of 1848 does not operate on rights which existed at the time of its enactment. — See Manning v. Manning, 24 Ala. 386. That portion of the statute, which,…
2Cases cited4 opinions
- Pickens v. OliverSupreme Court of Alabama · 1857
- Kidd v. MontagueSupreme Court of Alabama · 1851
- Hardy v. BoazSupreme Court of Alabama · 1856
- Manning v. ManningSupreme Court of Alabama · 1854
3Cited by7 opinions
- Leete v. State Bank of St. LouisSupreme Court of Missouri · 1893
- Hart v. LeeteSupreme Court of Missouri · 1891
- Wynne v. WalthallSupreme Court of Alabama · 1860
- Vail v. VailSupreme Court of Connecticut · 1881
- Anderson's Ex'r v. Anderson's HeirsSupreme Court of Alabama · 1861
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