Pollak & Co. v. Graves
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before the ITon. JohN Moobe. •This was a statutory trial • of the right of property in two horses, on which an execution was levied in favor of Poliak & •Co., against M. A. Graves, and to which a claim was interposed by Mrs. Dolsica R. Graves, the wife of the defendant in execution.
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Appeal from the Circuit Court of Lowndes. Tried before the ITon. JohN Moobe. •This was a statutory trial • of the right of property in two horses, on which an execution was levied in favor of Poliak & •Co., against M. A. Graves, and to which a claim was interposed by Mrs. Dolsica R. Graves, the wife of the defendant in execution. The plaintiffs’ judgment was rendered on the 3d November, 1881, and was founded on the defendant’s promissory note dated April 3d, 1880. The execution was levied on March 13th, 1882, on the two horses now in controversy, which were described in the levy as “ one grey…
1Opinion of the CourtBbigkell, C. J.
Under the statutes, a married woman takes and holds property to her sole and separate use, having.. *350therein a legal estate. But upon her the statutes do not confer a general power to dispose of such property. The power of disposition is limited, and is confined to the specific mode the statutes prescribe. The joint conveyance in writing of herself and husband, attested or acknowledged, is the only mode of disposing of such property that will operate to divest her title, whether a sale is intended, of an exchange — the bartering one'article of personal property for another.—Smyth v. Oliver, 31…
2Cases cited6 opinions
- Warfield v. RavesiesSupreme Court of Alabama · 1863
- Evans v. EnglishSupreme Court of Alabama · 1878
- Smyth v. OliverSupreme Court of Alabama · 1857
- Whitman v. AbernathySupreme Court of Alabama · 1858
- Williams v. AuerbachSupreme Court of Alabama · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Steiner Bros. v. TranumSupreme Court of Alabama · 1893
- Hamburg v. O. P. Wood & Co.Texas Supreme Court · 1886
- Meyer Bros. v. CookSupreme Court of Alabama · 1888
- Daniel v. HardwickSupreme Court of Alabama · 1889
- Callen v. RottenberrySupreme Court of Alabama · 1884
9 more not listed; retrieve them via the Exa API.