Louisville Coffin Co. v. Stokes
Supreme Court of Alabama
Appeal from the Chancery Court of Jefferson. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 11th October, 1883, by the Louisville Coffin Company, a foreign corporation, against Mrs. Sallie E. Stokes, her husband, C. M. Stokes, and Peter F. Alba; and sought to subject to the satisfaction of a debt, ■ alleged to be due from Mrs. Stokes to the complainant, a debt due to her by said Alba.
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Appeal from the Chancery Court of Jefferson. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 11th October, 1883, by the Louisville Coffin Company, a foreign corporation, against Mrs. Sallie E. Stokes, her husband, C. M. Stokes, and Peter F. Alba; and sought to subject to the satisfaction of a debt, ■ alleged to be due from Mrs. Stokes to the complainant, a debt due to her by said Alba. A garnishment was also sued out against said Alba, and he paid the money due by him into court. The complainant’s debt was contracted in August and. September, 1882, for coffins and…
1Opinion of the CourtClopton, J.
It is averred in the bill that the money, which was invested in the livery-stable and undertaker’s business, was the equitable separate estate of Mrs. Stokes; and a copy of the conveyance to her is made an exhibit, by which it is shown that the property was- conveyed for her sole and separate use. A sale of the property, taking a note for a part of the purchase-money, payable to her, does not operate to change the character of the estate. There is no error in overruling the demurrer to the bill.
The bill alleges that the money of Mrs. Stokes was invested in the business, and that it was…
2Cases cited2 opinions
- Turner v. KellySupreme Court of Alabama · 1881
- Kelly v. TurnerSupreme Court of Alabama · 1883
3Cited by18 opinions
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- Gibson v. Snow Hardware Co.Supreme Court of Alabama · 1891
- Lytle & Co. v. Bank of DothanSupreme Court of Alabama · 1898
- Montgomery Furniture Co. v. HardawaySupreme Court of Alabama · 1893
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