Balkum v. Kellum
Supreme Court of Alabama
Appeal from the Circuit Court of Henry. Tried before the Hon. Jessé M. Carmichael. This action brought by Mrs. Eliza Kellum, against James W. Balkum, to recover a tract of land particularly described in the complaint; and was commenced on the 24th January, 1887. It was admitted on the trial, as the bill of exceptions shows, that the lands sued for belonged to the plaintiff, “ as her statutory separate estate, at and before the time of her marriage with Elijah Kellum, and…
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Appeal from the Circuit Court of Henry. Tried before the Hon. Jessé M. Carmichael. This action brought by Mrs. Eliza Kellum, against James W. Balkum, to recover a tract of land particularly described in the complaint; and was commenced on the 24th January, 1887. It was admitted on the trial, as the bill of exceptions shows, that the lands sued for belonged to the plaintiff, “ as her statutory separate estate, at and before the time of her marriage with Elijah Kellum, and before March 4th, 1878; and that said Elijah Kellum died, in said county, on the 24th August, 1884.” The defendant was in…
1Opinion of the CourtStone, C. J.
In Ravisies v. Stoddard, 32 Ala. 599, it was declared, and the doctrine has been followed ever since, that in proceeding to subject property, the statutory separate estate of a married woman, to liabilities resting upon it, no personal judgment can be rendered against her. The proceeding is against the property, describing it; and the recovery can only be enforced against the property specified and condemned in the proceedings.
In Haney, per pro. ami, v. Lundie, 58 Ala. 103, it was ruled, that when a married woman institutes suit in chancery, suing by next Mend, to recover property which is of…
2Cases cited6 opinions
- Ravisies v. Stoddart & Co.Supreme Court of Alabama · 1858
- Holly v. Bass' Adm'rSupreme Court of Alabama · 1880
- Lee v. RyallSupreme Court of Alabama · 1880
- Haney v. LundieSupreme Court of Alabama · 1877
- Callen v. RottenberrySupreme Court of Alabama · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- East Birmingham Land Co. v. DennisSupreme Court of Alabama · 1888
- Johnson v. JohnsonWisconsin Supreme Court · 1900
- Steed v. KnowlesSupreme Court of Alabama · 1887
- Herbert v. Wood, Dolson Co.Appellate Terms of the Supreme Court of New York · 1920
- Long v. WalkerSupreme Court of Alabama · 1887