Puryear v. Puryear
Supreme Court of Alabama
Error to the Circuit Court of Monroe. Assumpsit by the plaintiff in error, administrator de bonis non of Alexander B. Puryear, against the defendant in error, for money had and received, &c. From a bill of exceptions, it appears, that the defendant, who is the widow of the plaintiff’s intestate, during the lifetime of her husband, had monies in -her hands, Avhich she loaned out, to the amount of $-, and that after the death of her husband, this money was repaid to her.
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Error to the Circuit Court of Monroe. Assumpsit by the plaintiff in error, administrator de bonis non of Alexander B. Puryear, against the defendant in error, for money had and received, &c. From a bill of exceptions, it appears, that the defendant, who is the widow of the plaintiff’s intestate, during the lifetime of her husband, had monies in -her hands, Avhich she loaned out, to the amount of $-, and that after the death of her husband, this money was repaid to her. The defendant on her part produced, and read to the jury, a will, containing the following clause : “ I give and bequeath to…
1Opinion of the CourtOrmond, J.
The first charge of the court cannot be supported. There is nothing in the bequest, from which it can be inferred, the husband was to have no dominion or control, over the life estate of his wife, in the slave; she cannot therefore have a separate estate in it. This has been repeatedly adjudged by this court, and especially in the case of Cook v. Kennedy, at this term, where all the decisions of this court, upon this subject, are considered.
We are then to consider, whether the facts shown upon the record, establishing that the husband permitted his wife *15to take the hire of the slave, during…
2Cases cited1 opinion
- Morris v. BoothSupreme Court of Alabama · 1846
3Cited by7 opinions
- Seals v. Robinson & Co.Supreme Court of Alabama · 1883
- Lehman, Durr & Co. v. BryanSupreme Court of Alabama · 1880
- Andrews v. Huckabee's Adm'rSupreme Court of Alabama · 1857
- Cabalan v. Monroe, Smaltz & Co.Supreme Court of Alabama · 1881
- Knight v. BellSupreme Court of Alabama · 1853
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