Parker v. Wimberly
Supreme Court of Alabama
Appeal from the Circuit Court of Butler. Tried before the Hon. John P. Hubbard. This was a statutory trial of the right of property in and to a horse, between Mrs. Martha L. Parker as claimant, and M. W. Wimberly, plaintiff in execution againt Nason Parker, who was the husband of the claimant; and was commenced in a justice’s court, on the 14th December, 1883. On the trial before the justice, the claimant recovered a verdict and judgment ; and the cause being removed by…
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Appeal from the Circuit Court of Butler. Tried before the Hon. John P. Hubbard. This was a statutory trial of the right of property in and to a horse, between Mrs. Martha L. Parker as claimant, and M. W. Wimberly, plaintiff in execution againt Nason Parker, who was the husband of the claimant; and was commenced in a justice’s court, on the 14th December, 1883. On the trial before the justice, the claimant recovered a verdict and judgment ; and the cause being removed by appeal into the Circuit Court, a bill of exceptions was there reserved by the claimant, in which the facts are thus stated :…
1Opinion of the CourtClopton, J.
The power of disposition conferred on a married woman, as to her statutory separate estate, is limited by the statute, and restricted to the specific mode prescribed. She can not divest herself of title to property, real or .personal, things in possession or in action, her statutory separate estate, *66except by an instrument in writing, attested or acknowledged, whether a sale or exchange is intended. The statute makes no distinction in respect to the kind or species of property. Neither can she mortgage or sell her separate estate, to secure, or in payment of her husband’s debts ; and husband…
2Cases cited8 opinions
- Wallis v. RheaSupreme Court of Alabama · 1846
- Shahan v. Herzberg, Simpson & Co.Supreme Court of Alabama · 1882
- Pollak & Co. v. GravesSupreme Court of Alabama · 1882
- Frow & Ferguson v. DownmanSupreme Court of Alabama · 1847
- Seamans v. WhiteSupreme Court of Alabama · 1845
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Smith v. StateSupreme Court of Alabama · 1913
- Tobias & Co. v. Treist & Co.Supreme Court of Alabama · 1893
- Myers v. Conway & Co.Supreme Court of Alabama · 1890
- Kelley v. LovettSupreme Court of Alabama · 1938