Pickens v. Oliver
Supreme Court of Alabama
Appeal from the Circuit Court of Butler. The record does not show the name of the presiding judge. This action was brought by James V. Pickens and Margaret C., his wife, against Samuel Oliver ; and the complaint, to which a demurrer was sustained, was in these words :— “ The plaintiffs claim of the defendant, as the separate estate of Margaret C. Pickens, wife of said James Y. Pickens, the following slaves, Amy, a woman, and her three children, Jane,' Austin, and Mima ; with…
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Appeal from the Circuit Court of Butler. The record does not show the name of the presiding judge. This action was brought by James V. Pickens and Margaret C., his wife, against Samuel Oliver ; and the complaint, to which a demurrer was sustained, was in these words :— “ The plaintiffs claim of the defendant, as the separate estate of Margaret C. Pickens, wife of said James Y. Pickens, the following slaves, Amy, a woman, and her three children, Jane,' Austin, and Mima ; with the value of the hire of said slaves, or use thereof, during their detention, to-wit, from the 1st January, 1849.” The…
1Opinion of the CourtStone, J.
It has been settled in this court, that the latter clause of section 2131 of the Code relates exclusively to separate estates of married women created by our statutes. Gerald and Wife v. McKenzie, 27 Ala. 166; Friend v. Oliver, ib. 134; Willis v. Cadenhead, 28 Ala. 472 ; Gibson v. Marquis and Wife, at the present term.
It is also settled in this State, that when a married woman has a separate estate, created by contract, and not governed *531by the Code, and such contract appoints no trustee, her husband becomes her trustee by operation of law, and the legal title of her personal property Tests in…
2Cases cited9 opinions
- Noles v. StateSupreme Court of Alabama · 1854
- Gibson v. LandSupreme Court of Alabama · 1855
- Walker v. FennerSupreme Court of Alabama · 1856
- Gerald v. McKenzieSupreme Court of Alabama · 1855
- Letondal v. HugueninSupreme Court of Alabama · 1855
4 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Burns v. CampbellSupreme Court of Alabama · 1882
- Brooklyn Life Insurance v. BledsoeSupreme Court of Alabama · 1875
- Short v. BattleSupreme Court of Alabama · 1875
- Copeland v. Kehoe & RamseySupreme Court of Alabama · 1880
- Hutton v. WilliamsSupreme Court of Alabama · 1860
51 more not listed; retrieve them via the Exa API.