Saunders' Adm'r v. Garrett
Supreme Court of Alabama
Appeal from tbe Circuit Court of Lowndes. Tried before the IT on. Nat. Cook. The record in this case shows, that William Garrett commenced a suit by attachment, on the 21st January, 1856, against A. T. Stewart, and obtained a judgment for $90 70, at the fall term of said circuit court, 1857; that a garnishment was .served on William Saunders, as the debtor of said Stewart, on the same day the attachment was issued; and that the said garnishee, at the term to which he was…
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Appeal from tbe Circuit Court of Lowndes. Tried before the IT on. Nat. Cook. The record in this case shows, that William Garrett commenced a suit by attachment, on the 21st January, 1856, against A. T. Stewart, and obtained a judgment for $90 70, at the fall term of said circuit court, 1857; that a garnishment was .served on William Saunders, as the debtor of said Stewart, on the same day the attachment was issued; and that the said garnishee, at the term to which he was summoned, filed a written answer in these words: “ Garnishee says, that he is indebted to the said defendant or his wife,…
1Opinion of the Court
RICE, C. J.—
Under our statutes, the rights of married women are greater than they were under the common law. By our statutes, all the property of the wife, held by her previous to her marriage, or which she may become entitled to after the marriage, in any manner, is her separate estate, and not subject to the payment of the debts of her husband. Property thus belonging to her vests in her husband, as- her trustee, who is not required to account with her for its rents, income or profits; but such rents, income, and profits are not subject to the payment of the debts of her husband. The…
2Cases cited2 opinions
- Winston v. EwingSupreme Court of Alabama · 1840
- Price v. ThomasonSupreme Court of Alabama · 1847
3Cited by8 opinions
- Rowland & Co. v. PlummerSupreme Court of Alabama · 1874
- Harden v. Darwin & PulleySupreme Court of Alabama · 1884
- Goree v. WalthallSupreme Court of Alabama · 1870
- Jenkins v. State Ex Rel. WhiteAlabama Court of Appeals · 1931
- Mobile & Ohio Railroad v. Whitney & Co.Supreme Court of Alabama · 1864
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