Boaz v. Boaz
Supreme Court of Alabama
Appeal from the Chancery Court of Dallas. Heard before the Hon. James B. Clark. The bill in this ease was filed, on the 1st February, 1858, by Mrs. Jane H. Boaz, suing by her next friend, against her husband, Peter C. Boaz, for the purpose of removing him from the trusteeship of her statutory separate estate.
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Appeal from the Chancery Court of Dallas. Heard before the Hon. James B. Clark. The bill in this ease was filed, on the 1st February, 1858, by Mrs. Jane H. Boaz, suing by her next friend, against her husband, Peter C. Boaz, for the purpose of removing him from the trusteeship of her statutory separate estate. It alleged, that the parties wore married, in Dallas county, Alabama, in September, 1854; that the complainant at that time owned and possessed, as her separate estate, personal property to the value of $30,000; that the defendant, soon after the marriage, purchased a valuable tract of…
1Opinion of the CourtA. J. Walker, C. J.
The pleadings and proofs in this ease compel us to decide, that the defendant abandoned the complainant without reasonable cause; that the abandonment was a deliberate act; that it is permanent, and that there is no prospect that the defendant will at any time hereafter admit the complainant into his society as his wife. Upon these facts alone we decide, that the defendant should be removed from the position of trustee for his wife.
The causes prescribed in the statute, for the removal of the husband as the trustee of a wife having a separate estate, are, that from imbecility, intemperance, or…
2Cases cited4 opinions
- Smyth v. OliverSupreme Court of Alabama · 1857
- Weems v. BryanSupreme Court of Alabama · 1852
- Bennett v. BennettSupreme Court of Alabama · 1859
- Fisk v. StubbsSupreme Court of Alabama · 1857
3Cited by12 opinions
- Cook v. Meyer Bros.Supreme Court of Alabama · 1883
- Hays v. CockrellSupreme Court of Alabama · 1867
- Warfield v. RavesiesSupreme Court of Alabama · 1863
- Early & Lane v. OwensSupreme Court of Alabama · 1880
- Elyton Land Co. v. DennySupreme Court of Alabama · 1895
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