DeBardelaben v. Stoudenmire
Supreme Court of Alabama
Appeal from the Chancery Court of Autauga. Heard before the Hon. S. H. MoSpadden. • The bill in this case was filed on the 2d June, 1882, by J. D. Stoudenmire, against Warren L. DeBardelaben, and sought an account of waste, alleged to have been committed by the defendant on lands belonging to his deceased wife, Mrs. Caroline W. DeBardelaben, who was the mother of the complainant by a former husband.
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Appeal from the Chancery Court of Autauga. Heard before the Hon. S. H. MoSpadden. • The bill in this case was filed on the 2d June, 1882, by J. D. Stoudenmire, against Warren L. DeBardelaben, and sought an account of waste, alleged to have been committed by the defendant on lands belonging to his deceased wife, Mrs. Caroline W. DeBardelaben, who was the mother of the complainant by a former husband. At the time of the marriage between said Warren L. and Caroline W. DeBardelaben, which occurred some time during the year 1871, said Caroline W. was the widow of Samuel Stoudenmire, and had a half…
1Opinion of the Court
SOMERVILLE, J.-
1. The bill avers the property in controversy, on which the alleged waste was committed, to have'been the statutory separate estate of the deceased wife, Mrs. DeBardelaben. It having been shown that she was a married woman, and was in possession, claiming ownership of the property, the presumption would be that it belonged to her under the laws of Alabama, as a part of her statutory separate estate. If it was an equitable separate estate, the onus was on the defendant to prove this fact, not on the plaintiff to disprove it.—Steed v. Knowles, 79 Ala. 446; Patterson v. Kicker, 72…
2Cases cited10 opinions
- Smyley v. ReeseSupreme Court of Alabama · 1875
- Lee v. TannenbaumSupreme Court of Alabama · 1878
- Vanderveer v. AlstonSupreme Court of Alabama · 1849
- Steed v. KnowlesSupreme Court of Alabama · 1885
- Hinson v. WilliamsonSupreme Court of Alabama · 1883
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3Cited by9 opinions
- Steiner Bros. v. TranumSupreme Court of Alabama · 1893
- Teal v. ChancellorSupreme Court of Alabama · 1897
- Stoudenmire v. DeBardelabenSupreme Court of Alabama · 1887
- Whittaker v. Van HooseSupreme Court of Alabama · 1908
- Fritz v. FernandezSupreme Court of Florida · 1903
4 more not listed; retrieve them via the Exa API.