Carmichael v. Walters
Supreme Court of Georgia
In Equity, in Dougherty Superior Court. Decision by Judge Allen, at June Term, 1862. Mary E. Carmichael, the plaintiff in error, filed her bill, stating that at the time of her marriage with her husband, Gilbert C. Carmichael, she was possessed in her own right of certain negro slaves, nine in number, mentioned in the bill, and that some time after the marriage, her husband, in pur-, suance of a verbal ante-nuptial contract, conveyed by deed to her, for her sole and separate…
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In Equity, in Dougherty Superior Court. Decision by Judge Allen, at June Term, 1862. Mary E. Carmichael, the plaintiff in error, filed her bill, stating that at the time of her marriage with her husband, Gilbert C. Carmichael, she was possessed in her own right of certain negro slaves, nine in number, mentioned in the bill, and that some time after the marriage, her husband, in pur-, suance of a verbal ante-nuptial contract, conveyed by deed to her, for her sole and separate use, the negroes and their increase. The deed was made on the 4th August, 1845, and recorded a few days after in Macon…
1Opinion of the Court
By the Court. —
Lumpkin, J., delivering the opinion.
The only question in this record argued before us was this: Is the separate estate of Mrs. Carmichael bound by the mortgage which she executed to Walters in conjunction with her husband? This must be determined by the facts admitted in the pleadings.
It is conceded that Mrs. Carmichael had a separate estate in the negroes mortgaged to Walters. Tlpat her husband had been guilty of a breach of trust, which would have subjected him to a criminal prosecution and imprisonment in the penitentiary. That his creditor resolved to enforce the law unless…
2Cited by1 opinion
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