Boggs v. Price
Supreme Court of Alabama
Appeal from tbe City Court of Selma. Tried before the Hon. John White, an attorney of the court, selected by the parties on account of the incompetency of the presiding judge.
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Appeal from tbe City Court of Selma. Tried before the Hon. John White, an attorney of the court, selected by the parties on account of the incompetency of the presiding judge. This action was brought by Mrs. Martha E, Price, the wife of Thomas H. Price, against Milton E. Boggs ; and was commenced on the 15th September, 1873. The original complaint contained only the common count for money had and received, claiming $2,000, alleged to be due to the plaintiff, and to belong to her statutory separate estate; but two special counts were added by amendment, as follows : “ 2. Plaintiff claims of…
1Opinion of the CourtBrickell, C. J.
1. The material question of this case is, whether a married woman, who, while sole, had made a lease of her lands, can sue alone upon a promise made to hep during coverture, by a stranger, to pay her the rent accruing under the lease. The statute is, that the wife must sue or be sued alone, when the suit relates to her separate estate. — Code of |876, § 2892. The construction which this statute received soon after its enactment, and which has not since been *519departed from, is, that it refers only to the corpus of the statutory separate estate of the wife, and embraces all suits in which that…
2Cases cited3 opinions
- Hussey v. PeeblesSupreme Court of Alabama · 1875
- Lomax v. LeGrand & Co.Supreme Court of Alabama · 1877
- Boynton v. SawyerSupreme Court of Alabama · 1860
3Cited by10 opinions
- Figh v. TaberSupreme Court of Alabama · 1919
- Foxworth v. Brown Bros.Supreme Court of Alabama · 1897
- Coffey v. HuntSupreme Court of Alabama · 1883
- Foxworth v. Brown Bros.Supreme Court of Alabama · 1896
- Thompson v. PowellSupreme Court of Alabama · 1884
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