Legal Opinion

Wing v. Roswald

Supreme Court of Alabama

Decided December 15, 1883PublishedCited by 10 opinions

Appeal from the City Court of Montgomery, in Equity. Heard before the Hon. Thos. M. Arrington. The bill in this case was filed on the 29th September, 1881, by Mrs. A. Roswald, suing as a judgment creditor of J. R. Wing, against the said Wing and his wife, together with Separate answers were filed by Wing and wife, but not under oath (the complainant having waived answers under oath), denying the charges of fraud, and alleging that the money paid for the house and lot…

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Appeal from the City Court of Montgomery, in Equity. Heard before the Hon. Thos. M. Arrington. The bill in this case was filed on the 29th September, 1881, by Mrs. A. Roswald, suing as a judgment creditor of J. R. Wing, against the said Wing and his wife, together with Separate answers were filed by Wing and wife, but not under oath (the complainant having waived answers under oath), denying the charges of fraud, and alleging that the money paid for the house and lot belonged to the statutory estate of Mrs. Wing; and in their depositions, taken in their own behalf, they stated particularly…

1Opinion of the CourtSomerville, J.

— A very careful examination of the testimony in this cause leads us to the conviction, that the ■decree of the City Court should be reversed, in its finding on the facts. The sole question presented for decision is, whether the property sought to be subjected to the payment of appellee’s judgment belonged to J. R. Wing, or to his wife Theresa. The title having been taken in the name of the wife, the question is determined by the. ownership of the money— being the sum of three thousand dollars' — shown to have been paid for it. Was this the money of the wife, or of the husband, according to…

2Cases cited2 opinions

  1. Lee v. TannenbaumSupreme Court of Alabama · 1878
  2. Early & Lane v. OwensSupreme Court of Alabama · 1880

3Cited by10 opinions

  1. Bolman v. OverallSupreme Court of Alabama · 1886
  2. O'Neal v. SeixasSupreme Court of Alabama · 1887
  3. Bates v. MorrisSupreme Court of Alabama · 1893
  4. Driver v. KingSupreme Court of Alabama · 1906
  5. Carter v. Worthington & SmithSupreme Court of Alabama · 1886

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