Pollard v. Merrill
Supreme Court of Alabama
Error to the Circuit Court of Montgomery. Before the Hon. J. D. Phelan^ This was a trial of the right of property in certain slaves, and horses, levied on under an execution in favor of defendants, and claimed by plaintiffs in error, as the trustees of Mrs. Sarah Ann Pollard, wife of Wm. H. Pollard, the defendant in execution.
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Error to the Circuit Court of Montgomery. Before the Hon. J. D. Phelan^ This was a trial of the right of property in certain slaves, and horses, levied on under an execution in favor of defendants, and claimed by plaintiffs in error, as the trustees of Mrs. Sarah Ann Pollard, wife of Wm. H. Pollard, the defendant in execution. The cause was submitted to a jury, who found a special verdict as follows: “ They find that the negroes and horses levied on were on the plantation on which the defendant in execution lived, and were under his control and management, and have been since his marriage;…
1Opinion of the CourtChilton, J.
According to the settled law, as recognized by numerous decisions of this and other courts, the facts set forth in the special verdict of the jury, fully sustain the judgment thereupon pronounced by the court, as we will briefly proceed to show.
In Cook v. Kennerly, 12 Ala. Rep. 42, 46, it is said, “it is an inseparable incident to a separate estate in the wife, that the husband has no control or dominion overjit;” and the cases all agree, that while no particular form of words is necessary to the creation of a separate estate, yet there must appear upon the face of the instrument, a clear and…
2Cases cited11 opinions
- Shaw v. HearseyMassachusetts Supreme Judicial Court · 1809
- Dunn v. Bank of MobileSupreme Court of Alabama · 1841
- Doe ex dem. De Peyster v. HowlandNew York Supreme Court · 1828
- Carleton & Co. v. BanksSupreme Court of Alabama · 1844
- Doe ex dem. Ross v. GarrisonCourt of Appeals of Kentucky · 1833
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Blackwell's Adm'r v. Blackwell's DistributeesSupreme Court of Alabama · 1858
- Jenkins v. McConicoSupreme Court of Alabama · 1855
- Petty v. BootheSupreme Court of Alabama · 1851
- Walthall v. GoreeSupreme Court of Alabama · 1860
- Williams v. MaullSupreme Court of Alabama · 1852
8 more not listed; retrieve them via the Exa API.