Legal Opinion

Gamble v. Gamble's Adm'r.

Supreme Court of Alabama

Decided January 15, 1847PublishedCited by 10 opinions

Writ of Error to the Circuit Court of Sumter. This was an action of detinue at the suit of the defendant in error, for the recovery of a female slave named Clara, and other property. The cause was tried by a jury, who returned a verdict in favor of the plaintiff below in respect to the slave, assessed her value at $500, and damages for her detention at $192, and judgment was rendered accordingly. On the trial, the defendant excepted to the ruling of the court.

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Writ of Error to the Circuit Court of Sumter. This was an action of detinue at the suit of the defendant in error, for the recovery of a female slave named Clara, and other property. The cause was tried by a jury, who returned a verdict in favor of the plaintiff below in respect to the slave, assessed her value at $500, and damages for her detention at $192, and judgment was rendered accordingly. On the trial, the defendant excepted to the ruling of the court. It appears from the bill of exceptions, that the intestate of the plaintiff was the wife of Walter Gamble, who was the father of the…

1Opinion of the CourtCollier, C. J.

By a principle of the common law, the husband and wife are regarded as one person, and her legal existence and authority in a degree lost or suspended, during the continuance of the matrimonial union. From this principle it results, that at law no contracts can be made between husband and wife, without the intervention of trustees. [2 Kent’s Com. 129.] “ The principles of the common law apply to pronounce them a mere nullity.” Yet courts of equity, though they follow the law, will, under particular circumstances give effect and validity to post nuptialcoati-acts. [2 Story’s Eq. § 1372.] “In…

2Cited by10 opinions

  1. Seals v. Robinson & Co.Supreme Court of Alabama · 1883
  2. Lehman, Durr & Co. v. BryanSupreme Court of Alabama · 1880
  3. Machen v. MachenSupreme Court of Alabama · 1849
  4. Williams v. MaullSupreme Court of Alabama · 1852
  5. Frierson v. FriersonSupreme Court of Alabama · 1852

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