Abernathy v. Abernathy
Supreme Court of Florida
This case was decided at Marianna. Isabella Abernathy, by her next friend Malachi Warren, filed her bill of complaint against her husband, Meredith B. Abernathy, and against the sheriff of Jackson county, in which she alleges, that in the year 1852 she intermarried with said Meredith Abernathy, in the State of Alabama, of which State they were both residents; that at the time of her marriage she was possessed of four slaves and about $1,800; that, under the laws of the State…
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This case was decided at Marianna. Isabella Abernathy, by her next friend Malachi Warren, filed her bill of complaint against her husband, Meredith B. Abernathy, and against the sheriff of Jackson county, in which she alleges, that in the year 1852 she intermarried with said Meredith Abernathy, in the State of Alabama, of which State they were both residents; that at the time of her marriage she was possessed of four slaves and about $1,800; that, under the laws of the State of Alabama in force at the time of her marriage, property owned by a woman before marriage is, after marriage, her…
1Opinion of the CourtBaltzell, C. J.
This is a suit in chancery, instituted by a wife through her next friend against her husband, seeking to have him removed from the office of trustee in the care and management of a negro man, in his possession in virtue of his marital rights.
In the State of Alabama, whei’e these parties resided at the time of their marriage, the law made him trustee and provided, “that if from imbecility, intemperance or other cause, a husband becomes incapable of or unfit for the discreet management and control of the separate estate of his wife, the wife, by her next friend, may file a bill in chancery…
2Cited by1 opinion
- Melvin v. MelvinSupreme Court of New Hampshire · 1879