Bolling v. Mock
Supreme Court of Alabama
Appeal from the Circuit Court of Butler. Tried before the Hon. Nat, Cook. This action was brought by Mrs. Rachel Mock, the wife of Jacob Mock, against John Bolling, to recover. damages for the defendant’s conversion of certain beef-cattle, which the plaintiff claimed as a part of her statutory separate estate, and which the defendant had purchased from said Jacob Mock. The defendant-pleaded, 1st, the coverture of the plaintiff; and, 2d, the general issue.
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Appeal from the Circuit Court of Butler. Tried before the Hon. Nat, Cook. This action was brought by Mrs. Rachel Mock, the wife of Jacob Mock, against John Bolling, to recover. damages for the defendant’s conversion of certain beef-cattle, which the plaintiff claimed as a part of her statutory separate estate, and which the defendant had purchased from said Jacob Mock. The defendant-pleaded, 1st, the coverture of the plaintiff; and, 2d, the general issue. The plaintiff took issue on the second plea, and replied to the first, that the property converted by the defendant belonged to her…
1Opinion of the CourtA. J. Walker, C. J.
One of the questions discussed in this case is, whether a married woman has the election to take property purchased with, or obtained in exchange for, articles of her statutory separate estate by her husband ; there being no joint conveyance of such articles by husband and wife, as contemplated by our act of 1850, and section 1894 of the Code. That question we leave open and undecided.
If a married woman has the right to take property purchased by her husband with her separate estate, it is by virtue of the doctrine of implied or constructive trusts. 2 Story’s Eq. Jur. § 1210 ; Atherly on Mar.…
2Cases cited5 opinions
- Oliver v. PiattSupreme Court of the United States · 1845
- Pickens v. OliverSupreme Court of Alabama · 1857
- Kavanaugh v. ThompsonSupreme Court of Alabama · 1849
- Puryear v. PuryearSupreme Court of Alabama · 1849
- Taliaferro v. Heirs of TaliaferroSupreme Court of Alabama · 1844
3Cited by8 opinions
- Evans v. EnglishSupreme Court of Alabama · 1878
- Meyer Bros. v. CookSupreme Court of Alabama · 1888
- Pollak & Co. v. GravesSupreme Court of Alabama · 1882
- Wilder & Co. v. AbernethySupreme Court of Alabama · 1875
- Holly v. FlournoySupreme Court of Alabama · 1875
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