Stout v. Kinsey
Supreme Court of Alabama
Appeal from the Circuit Court of Cherokee. Tried before the Hon. John B. Tally. This action was brought by Mrs. Josephine Kinsey, a married woman, against J. T. Stout, to recover a mule colt, which the plaintiff claimed as belonging to her statutory estate, and which her husband had sold to the defendant; and was commenced in a justice’s court, on the 8th of February, 1887. On appeal to the Circuit Court, the court charged the jury, on request, that they must find for the…
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Appeal from the Circuit Court of Cherokee. Tried before the Hon. John B. Tally. This action was brought by Mrs. Josephine Kinsey, a married woman, against J. T. Stout, to recover a mule colt, which the plaintiff claimed as belonging to her statutory estate, and which her husband had sold to the defendant; and was commenced in a justice’s court, on the 8th of February, 1887. On appeal to the Circuit Court, the court charged the jury, on request, that they must find for the plaintiff, if they believed the evidence; and this charge, to which the defendant excepted, is assigned as error. cited…
1Opinion of the CourtStone, C. J.
The facts of this case are uncontroverted. The mule, the subject of the suit, was the property of Josephine Kinsey, the plaintiff, her statutory separate estate. *547Stout, the defendant, had a statutory lien on the mule for five dollars, for the service of the jack which served the mare. Code of 1886, § 3091. W. L. Kinsey, plaintiff’s husband, without his wife’s concurrence, sold and delivered the mule to Stout, in payment of the lien-claim of five dollars, and on consideration of forty-five dollars additional, entered as a credit on an indebtedness of the said W. L. to Stout. No money was paid…
2Cases cited4 opinions
- Gafford v. StearnsSupreme Court of Alabama · 1874
- Cotton v. CottonSupreme Court of Alabama · 1883
- Evans v. EnglishSupreme Court of Alabama · 1878
- Williams v. AuerbachSupreme Court of Alabama · 1876
3Cited by3 opinions
- Sayre v. WeilSupreme Court of Alabama · 1891
- Collins v. SherbetSupreme Court of Alabama · 1896
- Cox v. BoyettSupreme Court of Alabama · 1896