Cowles v. Morgan
Supreme Court of Alabama
Appeal from the Chancery Court at Claiborne. Heard before the Hon. Wade Keyes. The bill in this case was filed by John H. Morgan, against Frederick A. Cowles, and Lucretia C., his wife; and sought to subject Mrs. Cowles’ sepai’ate estate to the payment of a note executed by her, jointly with her said husband, on the 16th January, 1857. It alleged, that the complainant instituted an action at law on the note, after its maturity, against both of the defendants, and obtained a…
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Appeal from the Chancery Court at Claiborne. Heard before the Hon. Wade Keyes. The bill in this case was filed by John H. Morgan, against Frederick A. Cowles, and Lucretia C., his wife; and sought to subject Mrs. Cowles’ sepai’ate estate to the payment of a note executed by her, jointly with her said husband, on the 16th January, 1857. It alleged, that the complainant instituted an action at law on the note, after its maturity, against both of the defendants, and obtained a judgment against the husband, but his suit was defeated as to Mrs. Cowles by the plea of coverture; that the husband was…
1Opinion of the CourtA. J. Walker, C. J.
The argument against the equity of the complainant’s bill is, that a married woman’s separate estate, existing by virtue of our statutes, can not be charged by her with the payment of her debts generally ; and that it does not appear from the bill whether the' separate estate of the feme-covert defendant was secured to her by contract, or is held under the statute. *537It is not necessary for ns to decide upon tbe former of tbe two propositions of tbe argument, because tbe latter is altogether untenable. ¥e therefore leave tbe question of tbe liability of a married woman’s separate estate held…
2Cases cited8 opinions
- Jaques v. Trustees of the Methodist Episcopal ChurchCourt for the Trial of Impeachments and Correction of Errors · 1820
- Durden v. McWilliamsSupreme Court of Alabama · 1858
- Roper v. RoperSupreme Court of Alabama · 1856
- McCroan v. PopeSupreme Court of Alabama · 1850
- Hooper's v. SmithSupreme Court of Alabama · 1853
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3Cited by16 opinions
- Short v. BattleSupreme Court of Alabama · 1875
- Radford v. CarwileWest Virginia Supreme Court · 1879
- Wilburn & Co. v. McCalleySupreme Court of Alabama · 1879
- McMillan v. PeacockSupreme Court of Alabama · 1876
- Warfield v. RavesiesSupreme Court of Alabama · 1863
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