Walker v. Smith
Supreme Court of Alabama
Appeal from the Chancery Court of Macon. Heard before the Hon. A. J. Walker. This bill was filed by James H. Smith against Benjamin W. Walker and Mary E., his wife, alleging that, in December, 1852, said Mary E., then the wife of said Benjamin W. Walker, being possessed of a steam saw-mill as a part of her separate estate which she then owned and enjoyed, and being-desirous to hire slaves to work in and about said mill, entered into a contract with complainant for the hire…
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Appeal from the Chancery Court of Macon. Heard before the Hon. A. J. Walker. This bill was filed by James H. Smith against Benjamin W. Walker and Mary E., his wife, alleging that, in December, 1852, said Mary E., then the wife of said Benjamin W. Walker, being possessed of a steam saw-mill as a part of her separate estate which she then owned and enjoyed, and being-desirous to hire slaves to work in and about said mill, entered into a contract with complainant for the hire of two slaves, for the year 1853, at a stipulated price, payable on the first day of January, 1854; that in this contract…
1Opinion of the CourtRice, C. J.
When a married woman, owning a steam saw-mill as part of her separate estate, hires'slaves of another to work in and about it, at a specified price' and for a specified term-, and receives them into hef service, her separate estate may be subjected by a court of equity to the payment of such price, although no note was given for it; and the bill for that purpose may be filed against her and her husband.— Ozley v. Ikleheimer, 26 Ala. 332; Calvert on Parties, 269; Dyett v. N. A. Coal Co., 20 Wend. 570; Waldron, Isley & Co. v. Simmons, at the present term.
If, during the- term of hire, the slaves…
2Cases cited6 opinions
- Dyett v. North American Coal Co.New York Supreme Court · 1838
- Ozley v. IkelheimerSupreme Court of Alabama · 1855
- Gerald v. McKenzieSupreme Court of Alabama · 1855
- Mix v. HotchkissSupreme Court of Connecticut · 1840
- Hollinger v. Branch Bank at MobileSupreme Court of Alabama · 1845
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Radford v. CarwileWest Virginia Supreme Court · 1879
- Warfield v. RavesiesSupreme Court of Alabama · 1863
- Beard v. HortonSupreme Court of Alabama · 1888
- Binford's Adm'r v. DementSupreme Court of Alabama · 1882
- Bartee v. JamesSupreme Court of Alabama · 1858
5 more not listed; retrieve them via the Exa API.