Lewis v. Elrod
Supreme Court of Alabama
Appeal from the Chancery Court of Wilcox. Heard before tbe Hon. Wade Keyes. The bill in this case was filed by Mrs. Louisiana V. Lewis, suing by her next iriond, against her husband, Otis F. Lewis, together with George Elrod, Gray Beavers, J. T. Bradford, J. T. Morgan, S. F. Bice, and Mrs. Eleanor ■Wright.
Read the full summary
Appeal from the Chancery Court of Wilcox. Heard before tbe Hon. Wade Keyes. The bill in this case was filed by Mrs. Louisiana V. Lewis, suing by her next iriond, against her husband, Otis F. Lewis, together with George Elrod, Gray Beavers, J. T. Bradford, J. T. Morgan, S. F. Bice, and Mrs. Eleanor ■Wright. Its object was to establish and protect, by injunction, writ of seizure, and other appropriate process, the complainant’s iuterest in certain slaves, in which she claimed a separate estate in remainder, under a deed of gift from W. M. Moore and ■ Eleanor, bis wife, (now Mrs. Eleanor…
1Opinion of the CourtA. J. Walker, C. J.
The deed of gift by Moore and wife did not create a separate estate in the complainant. The clause of the deed which declares that the property sballnot be subject’ to tlie husband’s debts, does not have the effect of creating a separate estate. — Gillespie v. Burleson, 28 Ala. 551; Bender v. Reynolds, 12 Ala. 446. But our first married-woman’s law was passed on the first of March, 1848.—Pamphlet Acts of 1847-8, p. 79. The deed is dated in 1849. The complainant married on the 20th December, 1855. There can be no question, that *20whatever right the complainant may have by virtue of the deed, is…
2Cases cited8 opinions
- Batre v. Auze's heirsSupreme Court of Alabama · 1843
- Haley v. BennettSupreme Court of Alabama · 1837
- Gillespie's Adm'r v. BurlesonSupreme Court of Alabama · 1856
- Michan v. WyattSupreme Court of Alabama · 1852
- Gerald v. McKenzieSupreme Court of Alabama · 1855
3 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- American Automobile Insurance Co. v. EnglishSupreme Court of Alabama · 1957
- Hammons v. HammonsSupreme Court of Alabama · 1933
- Harwell v. Lehman, Durr & Co.Supreme Court of Alabama · 1882
- Pucket v. PucketSupreme Court of Alabama · 1911
- Tri-State Corp. v. State Ex Rel. GallionSupreme Court of Alabama · 1961
21 more not listed; retrieve them via the Exa API.