Legal Opinion

Sprague v. Tyson

Supreme Court of Alabama

Decided January 15, 1870PublishedCited by 13 opinions

Appeal from the Chancery Court of Mobile. Heard before Hon. N. W. Cocke. In this cause, which was a bill in equity to subject the separate estate, by contract, of a married woman to the payment of a bill of exchange drawn by her and others, the chancery court granted the relief prayed for in the bill, and directed a reference, &e., and a sale of the trust property.

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Appeal from the Chancery Court of Mobile. Heard before Hon. N. W. Cocke. In this cause, which was a bill in equity to subject the separate estate, by contract, of a married woman to the payment of a bill of exchange drawn by her and others, the chancery court granted the relief prayed for in the bill, and directed a reference, &e., and a sale of the trust property. The other facts arising in the case, and upon which the decision of the court is based, will be found in the opinion.

1Opinion of the CourtB. F. Saffold, J.

The bill in this case alleges, that the complainant, Tyson, is the holder of a bill of exchange, drawn and indorsed by the defendant, Mrs. E. C. Sprague, the wife of A. M. Sprague; that the bill was duly protested for non-payment, by a notary public in Mobile, where it was payable, and notice thereof deposited in the post-office at Mobile, directed to the defendant at Mobile, and also at Portland, Dallas county, Alabama; and that the defendant, E. C. Sprague, is the equitable owner of a lot and premises in Mobile, which is her separate estate, by contract, having been conveyed to John S.…

2Cases cited9 opinions

  1. Roper v. RoperSupreme Court of Alabama · 1856
  2. Ozley v. IkelheimerSupreme Court of Alabama · 1855
  3. Gunter v. WilliamsSupreme Court of Alabama · 1867
  4. Paulk v. Wolfe, Gillespie & Co.Supreme Court of Alabama · 1859
  5. Branch of the Bank of the State at Decatur v. PeirceSupreme Court of Alabama · 1842

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3Cited by13 opinions

  1. Peabody Ins. v. Wilson & BeasleyWest Virginia Supreme Court · 1887
  2. Short v. BattleSupreme Court of Alabama · 1875
  3. Amann v. BurkeSupreme Court of Alabama · 1939
  4. Silverstein v. First Nat. Bank of BirminghamSupreme Court of Alabama · 1936
  5. Town of Carbon Hill v. MarksSupreme Court of Alabama · 1920

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