Gans v. Williams
Supreme Court of Alabama
Appeal from Clarke Circuit Court. Tried before Hon. Henry T. Toulmin. The appellee, Emeline M. "Williams, brought this action against the appellant, Herman Gans, to recover the possession of certain cattle. It was shown that the property sued for was the progeny of cattle which had been purchased with moneys belonging to the statutory separate estate of the plaintiff.
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Appeal from Clarke Circuit Court. Tried before Hon. Henry T. Toulmin. The appellee, Emeline M. "Williams, brought this action against the appellant, Herman Gans, to recover the possession of certain cattle. It was shown that the property sued for was the progeny of cattle which had been purchased with moneys belonging to the statutory separate estate of the plaintiff. Plaintiff and her husband had mortgaged these cattle to Gans, who took possession of them under his mortgage, and was proceeding to sell the same. The appellant requested the following written charges : “ All the property…
1Opinion of the CourtStone, J.
Mrs. Williams had moneys, her statutory separate estate. During the coverture, her husband invested this money in cattle, which had increase. Williams and wife jointly made a mortgage to Gans, conveying to him the younger cattle, progeny of the stock so bought with the statutory separate moneys of Mrs. Williams. Claiming that the mortgage debt had not been paid off, Gans took possession of the cattle, and advertised them for sale under his mortgage. Thereupon Mrs. Williams instituted the present suit for the recovery of the cattle, and under the charge of the court, the verdict and judgment…
2Cases cited7 opinions
- Chapman v. AbrahamsSupreme Court of Alabama · 1878
- Peeples v. StollaSupreme Court of Alabama · 1876
- Hays v. CockrellSupreme Court of Alabama · 1867
- Patterson v. FlanaganSupreme Court of Alabama · 1861
- Weems v. BryanSupreme Court of Alabama · 1852
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Meyer Bros. v. CookSupreme Court of Alabama · 1888
- Shoobert v. De MottaCalifornia Supreme Court · 1896
- Dyer v. StateSupreme Court of Alabama · 1889
- Demers v. GrahamMontana Supreme Court · 1907
- Walker v. IveySupreme Court of Alabama · 1883
10 more not listed; retrieve them via the Exa API.