Gerald v. McKenzie
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. Wade Keyes. This bill was filed by the appellants, (Pearly S. Gerald, and Camilla, his wife,) to protect certain slaves, in which Mrs. Gerald claimed a separate estate, from sale under execution at law, at the suit of John McKenzie against Justus Wyman.
Read the full summary
Appeal from the Chancery Court of Montgomery. Heard before the Hon. Wade Keyes. This bill was filed by the appellants, (Pearly S. Gerald, and Camilla, his wife,) to protect certain slaves, in which Mrs. Gerald claimed a separate estate, from sale under execution at law, at the suit of John McKenzie against Justus Wyman. It alleged, in substance, that the complainants, in 1831, prior to their marriage, entered into a marriage contract, by whose terms all the property of the said Camilla was settled to her sole and separate use, free from the control and dominion of her husband, but no trustee…
1Opinion of the CourtGoldthwaite, J.
As there was no trustee provided by the marriage settlement, the legal title necessarily vested in the husband by the marriage, if he reduced the property into possession, for the reason, that the separate estate created in the wife by the settlement is the creature of equity alone, and the possession could not in a court of law be referred to it, and must therefore be considered as attaching to the husband in that character. We concede that, having the legal right, he might have maintained an action at law for any direct or consequential injury done to the property, and, also, that he might…
2Cases cited4 opinions
- Marriott v. GivensSupreme Court of Alabama · 1845
- Michan v. WyattSupreme Court of Alabama · 1852
- Colburn v. BroughtonSupreme Court of Alabama · 1846
- Crabb's Administrator v. ThomasSupreme Court of Alabama · 1854
3Cited by16 opinions
- Pickens v. OliverSupreme Court of Alabama · 1857
- Drake v. GloverSupreme Court of Alabama · 1857
- Lewis v. ElrodSupreme Court of Alabama · 1861
- McCall v. JonesSupreme Court of Alabama · 1882
- Baines v. BarnesSupreme Court of Alabama · 1879
11 more not listed; retrieve them via the Exa API.