Bell v. Locke
Supreme Court of Alabama
Appeal from Chancery Court of Bullock. Heard before the Hon. B. B. McCRAW. Appellant, a married woman, was the owner of a plantation in Macon (now Bullock) county, as her statutory separate estate. Her husband was deprived of his trusteeship and of all control over his wife's separate estate by a decree of the Chancery Court.
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Appeal from Chancery Court of Bullock. Heard before the Hon. B. B. McCRAW. Appellant, a married woman, was the owner of a plantation in Macon (now Bullock) county, as her statutory separate estate. Her husband was deprived of his trusteeship and of all control over his wife's separate estate by a decree of the Chancery Court. After such removal appellant and her husband executed jointly a mortgage on her plantation to secure the payment of advances made to enable her to carry ■ on the farm. Before the law-day of said mortgage, appellant filed her bill in the Chancery Court of said county,…
1Opinion of the CourtStone, J.
Section 2371 of the Revised Code declares that “ all the property of the wife, held by her previous to the marriage, or which she may become entitled to after the marriage, in any manner, is the separate estate of the wife, and is not subject to the payment of the debts of the husband.” If the statute had stopped at this point, the wife would have had all the power to bind or dispose of the property, as if the same had not been what it called an equitable separate estate, or estate made separate by the instrument creating it. She then would have held it precisely as married women held…
2Cases cited5 opinions
- Hays v. CockrellSupreme Court of Alabama · 1867
- Patterson v. FlanaganSupreme Court of Alabama · 1861
- Boaz v. BoazSupreme Court of Alabama · 1860
- Reel v. OverallSupreme Court of Alabama · 1863
- Hooper's v. SmithSupreme Court of Alabama · 1853
3Cited by3 opinions
- Holt v. AgnewSupreme Court of Alabama · 1880
- Parker v. MarksSupreme Court of Alabama · 1886
- Shulman v. FitzpatrickSupreme Court of Alabama · 1878