Burnett v. Branch Bank at Mobile
Supreme Court of Alabama
Error to the Chancery Court of Dallas. Heard before the Hon. James B. Clark. This bill was filed by the plaintiff in error to enjoin the Bank from selling under execution at law against John S. Burnett, the husband of complainant, certain slaves, which she alleges belong to her, and were bequeathed by her father, James Hebbin, to her sole and separate use.
Read the full summary
Error to the Chancery Court of Dallas. Heard before the Hon. James B. Clark. This bill was filed by the plaintiff in error to enjoin the Bank from selling under execution at law against John S. Burnett, the husband of complainant, certain slaves, which she alleges belong to her, and were bequeathed by her father, James Hebbin, to her sole and separate use. The Chancellor dismissed the bill upon a hearing, on the merits; and his decree is assigned for error. contended, that complainant took a separate estate in the slaves in suit, under the will of her father, and cited 8 Porter 73 ; 6 Ala.…
1Opinion of the CourtChilton, C. J.
A careful examination of the pleadings and proof has fully satisfied us, that the decree of the Chan-*643eellor is correct. It appears, from tbe proof taken on bebalf of Mrs. Burnett, that tbe slaves Zurrié and Ambra, (tbe latter being tbe mother of tbe others in controversy,) were sent by James Hebbin to her and her husband, John S. Burnett, after their marriage, and before tbe making of tbe will under which she now claims; and there is not only a want of proof to show that they were not designed as an advancement by her father, but it is fairly inferable from it that they were; and this…
2Cases cited1 opinion
- Olds v. PowellSupreme Court of Alabama · 1845
3Cited by3 opinions
- Rumbly v. StaintonSupreme Court of Alabama · 1854
- Cole v. VarnerSupreme Court of Alabama · 1857
- Caldwell v. Pickens' Adm'rSupreme Court of Alabama · 1864