Patterson v. Flanagan
Supreme Court of Alabama
Appeal from the Circuit Court of Wilcox. . Tried before the Hon. Nat. Cook. Tins action was brought - by Mrs. Eliza E. Flanagan, against-.I),. A. W. Patterson, and was commenced on the 21st September, 1858. The complaint, as amended, contained two counts the first being .in the usual form of a count in trover for the conversion of a slave, named Ellen, the property of the plaintiff^ , and the second claiming fifteen huudred dollars damages for the defendant’s negligence and…
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Appeal from the Circuit Court of Wilcox. . Tried before the Hon. Nat. Cook. Tins action was brought - by Mrs. Eliza E. Flanagan, against-.I),. A. W. Patterson, and was commenced on the 21st September, 1858. The complaint, as amended, contained two counts the first being .in the usual form of a count in trover for the conversion of a slave, named Ellen, the property of the plaintiff^ , and the second claiming fifteen huudred dollars damages for the defendant’s negligence and want of proper care and attention towards the slave, while in his possession under a contract of hiring. No pleas appear…
1Opinion of the CourtStone, J.
The controlling point in this record arises on the construction of section 1-983 -of the Code. That section reads as follows: “ Property thus belonging to the wife,” [her statutory separate estate,] “ vests in the husband as her trustee, who has the right to manage-and control the same, and is not required to account with the wife, her heirs, or legal representatives, for the rents, income, or profits thereof; but such rents, income and profits, are not subject to the payment of the debts of the husband.” It will be seen that this section of the Code vests the legal title of the wife’s…
2Cases cited10 opinions
- Pickens v. OliverSupreme Court of Alabama · 1857
- Thomas v. DegraffenreidSupreme Court of Alabama · 1850
- Andrews v. Huckabee's Adm'rSupreme Court of Alabama · 1857
- Smyth v. OliverSupreme Court of Alabama · 1857
- Whitman v. AbernathySupreme Court of Alabama · 1858
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Cook v. Meyer Bros.Supreme Court of Alabama · 1883
- Hays v. CockrellSupreme Court of Alabama · 1867
- Warfield v. RavesiesSupreme Court of Alabama · 1863
- Evans v. EnglishSupreme Court of Alabama · 1878
- Early & Lane v. OwensSupreme Court of Alabama · 1880
9 more not listed; retrieve them via the Exa API.