Mulhall v. Williams
Supreme Court of Alabama
[BILL IN EQUITY TO SUBJECT WIFE’S SEPAEATE ESTATE TO PAYMENT OF CHARGE CREATED BY HUSBAND.] Appeal from tbe Chancery Court of Dallas. Heard before the Hon. James B. ClaRK.
Read the full summary
[BILL IN EQUITY TO SUBJECT WIFE’S SEPAEATE ESTATE TO PAYMENT OF CHARGE CREATED BY HUSBAND.] Appeal from tbe Chancery Court of Dallas. Heard before the Hon. James B. ClaRK. The bill in this case was filed by Michael Mulhall, the appellant, against John D. 3?. Williams and wife, and sought to subject the separate estate of Mrs. Williams to the payment of services rendered by the complainant, under a contract with the husband, in ditching the lands belonging to her separate estate. Mrs. Williams’ separate estate was created by ante-nuptial contract, which vested the legal title in a trustee; but…
1Opinion of the CourtRice, C. J.
Upon the authority of Jones v. Dawson, 19 Ala. R. 672; Kirkman v. Benham, 28 Ala. 501; and Lyon v. Hays’ Adm’r, 30 Ala. 430, the decree of the chancellor is affirmed.
It is proper, however, to add, that a majority of the court doubt the correctness of Jones v. Dawson, so far as *491it overrules or conflicts with any point actually decided • in Coopwood v. Wallace, 12 Ala. R. 790. They incline to the opinion, that when an administrator, who is required by law to see that reasonable diligence is used for the collection of money due to the estate, in the proper performance of that duty selects an…
2Cases cited2 opinions
- Kirkman, Abernathy & Hanna v. BenhamSupreme Court of Alabama · 1856
- Lyon v. Hays' Adm'rSupreme Court of Alabama · 1857
3Cited by14 opinions
- Steele v. Steele's Adm'rSupreme Court of Alabama · 1879
- Taylor v. CrookSupreme Court of Alabama · 1902
- Clopton v. GholsonMississippi Supreme Court · 1876
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
- Blackshear v. BurkeSupreme Court of Alabama · 1883
9 more not listed; retrieve them via the Exa API.