Sterrett v. Coleman
Supreme Court of Alabama
Appeal from Circuit Court of Dallas. Tried before Hon. George H. Craig. The appellee, Charlotte P. Coleman, acting jointly with her husband, purchased a tract of land from the appellant, Sterrett. Sterrett received, in part payment, $1,000 in cash, which was of the statutory estate of said Charlotte P., and a note signed by her and a surety, for the remainder of the purchase money.
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Appeal from Circuit Court of Dallas. Tried before Hon. George H. Craig. The appellee, Charlotte P. Coleman, acting jointly with her husband, purchased a tract of land from the appellant, Sterrett. Sterrett received, in part payment, $1,000 in cash, which was of the statutory estate of said Charlotte P., and a note signed by her and a surety, for the remainder of the purchase money. He gave possession to the appellee’s husband, and executed a bond to convey title to said Charlotte, upon payment of the note. After this, without possession having been restored to Sterrett, Mrs. Coleman attempted…
1Opinion of the CourtStone, J.
In Marks v. Cowles, 53 Ala. 499, speaking of the power of the husband over moneys, the statutory separate estate of the wife, we said: “ The corpus of the estate may •consist wholly of money, and the wife may be without a homestead. It would be the right and duty of the husband to invest so much as was necessary in the purchase of a homestead, suitable to the degree of the wife’s fortune, and her condition in life.” In another place, in the same opinion, the proposition was laid down “ that the husband, as trustee of the wife, has under the statute, power to invest, with the *173concurrence of…
2Cases cited2 opinions
- Marks v. CowlesSupreme Court of Alabama · 1875
- Pylant v. ReevesSupreme Court of Alabama · 1875
3Cited by3 opinions
- Manning v. PippenSupreme Court of Alabama · 1888
- Daffron v. CrumpSupreme Court of Alabama · 1881
- Kieser v. BaldwinSupreme Court of Alabama · 1878