Lewen v. Stone
Supreme Court of Alabama
THE appellant, who is a feme covert, filed her bill in the Court of Chancery, sitting at Tuskaloosa,. stating that about the third of November, in the year 1834, she intermarried with Alva Prescott, of the State of Mississippi; that after, her .marriage,- and-during coverture, her father (John Rogers) di.ed, in the county of Copiah,-in that State, having first made his last will and testament, which was duly proved and recorded in. the proper Court of that county, and…
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THE appellant, who is a feme covert, filed her bill in the Court of Chancery, sitting at Tuskaloosa,. stating that about the third of November, in the year 1834, she intermarried with Alva Prescott, of the State of Mississippi; that after, her .marriage,- and-during coverture, her father (John Rogers) di.ed, in the county of Copiah,-in that State, having first made his last will and testament, which was duly proved and recorded in. the proper Court of that county, and letters- testamentary thereon, issued to Alva Prescott and-Wm. T. Scott, the persons designated as executors by the testator.…
1Opinion of the Court
COLLIER, C. • J.
If the defendant, Lewen, had not a legal interest in the slaves in controversy, then they were not subject to levy and sale, under the' execution of Stone. That execution though issued from the Court of Chancery, we infer, is founded on a monied decree, which does not specifically direct the slaves to be sold in order to its payment; consequently, if the title to them had not vested in Lewen, they could not be regularly reachpd by execution. Supposing such to have been the condition of the property, it was competent for the person having the legal title to have interposed a…
2Cited by4 opinions
- Watson v. WiggintonWest Virginia Supreme Court · 1886
- Cummings v. McCulloughSupreme Court of Alabama · 1843
- Hart v. ClarkSupreme Court of Alabama · 1875
- Tucker v. KennistonSupreme Court of New Hampshire · 1867