Legal Opinion

Thomas v. Davis

Supreme Court of Alabama

Decided January 15, 1844PublishedCited by 1 opinion

Whit of error to the circuit court of Russell. This was a proceeding under the statute for the trial of the right of property.

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Whit of error to the circuit court of Russell. This was a proceeding under the statute for the trial of the right of property. It is shown by the record, that a writ offieri Jadas, in favor ofthe plaintiff, issued on a judgment rendered by the circuit court of Russell, against William D. Hargrove for six hundred and thirty 75-100 dollars, was levied on slaves of the following names, &c., viz: Nicey, Patsey, Mary and her three children, Alexander, Ardesa and Chloe; Becky, Polita, Louisa and child, Sinda, Harriet and her three children, Lucinda, Anderson and an infant, Juliana. On the 6th of…

1Opinion of the CourtCollier, C. J.

1. It may be stated, as a general rule, that where the wife disposes of her property to a third person, without the knowledge of her husband, after the contract of marriage, and before its solemnization, the transaction will be considered as fraudulent against the latter. [2 P. Wms. Rep. 274; 1 Mylne & K. Rep. 510.] But the court has sometimes taken into consideration the object of the conveyance, and the situation of the husband in point of property, and relaxed the rule. [Meigs’ Rep. 142.]

In the present case, it is admitted, that the settlement made by Mrs. Hargrove, previous to her…

2Cases cited1 opinion

  1. Kennedy's Heirs v. Kennedy's HeirsSupreme Court of Alabama · 1841

3Cited by1 opinion

  1. O'Neil v. TeagueSupreme Court of Alabama · 1845

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