Mayfield v. Clifton
Supreme Court of Alabama
This was a writ óf error, sued out by Thomas Mayfield, guardian of Nancy Murphy, to reverse the decision of the Judge of the County Court of Madison county, made at June term, 1S29, on the hearing of a petition filed by Mayfield in that Court, against Thomas Clifton.
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This was a writ óf error, sued out by Thomas Mayfield, guardian of Nancy Murphy, to reverse the decision of the Judge of the County Court of Madison county, made at June term, 1S29, on the hearing of a petition filed by Mayfield in that Court, against Thomas Clifton. May-field in his petition, represented that Thomas Murphy of Madison county, died in 1815, possessed of negroes and other personal propery; that his estate was unembarrassed and free of debt; that he left his widow, Frances J. Murphy, and two infant children: Nancy, of whom he, the i83ipetitioner, was guardian, and John of whom…
1Opinion of the Court
By LIPSCOMB, Chibe Justice.
If Clifton had died, his wife living, would her share of her first husband’s property, under the circumstances stated, have survived to her, or would it have gone to the personal representatives of her last husband? I have stated the proposition in this way, for the purpose of testing the character of the possession held by the defendant, of the property in which his wife had an interest to a certain extent, being undivided, and not separated from the rights of her children. I believe the case of Johnson, Administrator of Ramsay, v. Wren,a would furnish quite a…
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