Wilder & Co. v. Abernethy
Supreme Court of Alabama
Appeal from Circuit Court of Marengo. Tried before Hon. Luther R. Smith. This was a trial of the right of property between Wilder & Co., plaintiffs and appellants, and Mrs. E. R. Abernethy, claimant and appellee. The evidence disclosed the following facts: Wilder & Co. were judgment creditors of the husband, on a debt contracted by a firm, of which he was a member, which had ceased to do business. Afterwards, appellee’s father gave to B. Gr.
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Appeal from Circuit Court of Marengo. Tried before Hon. Luther R. Smith. This was a trial of the right of property between Wilder & Co., plaintiffs and appellants, and Mrs. E. R. Abernethy, claimant and appellee. The evidence disclosed the following facts: Wilder & Co. were judgment creditors of the husband, on a debt contracted by a firm, of which he was a member, which had ceased to do business. Afterwards, appellee’s father gave to B. Gr. Abernethy, the husband, for his daughter, twenty-five hundred dollars ; Abernethy and appellee’s father agreeing, verbally, that it should be invested in…
1Opinion of the CourtBrickell, C. J.
It is -unnecessary to notice separately the several rulings of the circuit court, to which exceptions were reserved. An error affecting them generally, is,in treat-, ing the goods levied on as the statutory separate estate of the appellee. They were purchased on credit, by her husband, for the purposes of trade in her name, and were unpaid for when the levy was made. They passed into the possession of the husband on the purchase, and continued in his *646possession until they were seized by the sheriff. The statutes creating the separate estates of married women have qualified and lessened, to…
2Cases cited1 opinion
- Bolling v. MockSupreme Court of Alabama · 1860
3Cited by8 opinions
- Queen Insurance v. YoungSupreme Court of Alabama · 1888
- Ashford v. WatkinsSupreme Court of Alabama · 1881
- National Commercial Bank v. McDonnellSupreme Court of Alabama · 1890
- Daniel v. HardwickSupreme Court of Alabama · 1889
- Bowles v. TrappIndiana Supreme Court · 1894
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