Loeb & Brother v. Manasses
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. Tried before the Hon. H. D. Clayton. The appellants in this ease sued out an attachment on the 11th February, 1885, against L. Manasses, which was levied on a stock of goods in his possession ; and he thereupon interposed a claim to the goods as trustee for his wife, Mrs. Jacobina Manasses, made affidavit, and gave bond for the trial of the right of property.
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Appeal from the Circuit Court of Barbour. Tried before the Hon. H. D. Clayton. The appellants in this ease sued out an attachment on the 11th February, 1885, against L. Manasses, which was levied on a stock of goods in his possession ; and he thereupon interposed a claim to the goods as trustee for his wife, Mrs. Jacobina Manasses, made affidavit, and gave bond for the trial of the right of property. On the trial of the issue made up between the parties, as the bill of exceptions shows, the plaintiffs proved their debt against said Manasses, the issue and levy of the attachment, and the…
1Opinion of the CourtClopton, J.
The following propositions, which have been settled by our decisions, have become rules of property, and ought not now to be disturbed; though, if original questions, we might come to a different conclusion in respect to some of them:
1. Where the husband becomes indebted to the wife, by reason of having converted to his own use her separate estate, he may convey property directly to her for the purpose of paying or securing the debt; and the wife will be protected in her title thus acquired, if bona fide, against the husband’s other creditors. — Northington v. Faber, 52 Ala. 45; Copeland v.…
2Cases cited11 opinions
- Powe v. McLeod & Co.Supreme Court of Alabama · 1884
- McMillan v. PeacockSupreme Court of Alabama · 1876
- Northington v. FaberSupreme Court of Alabama · 1875
- Block Bros. v. MaasSupreme Court of Alabama · 1880
- Gluck v. CoxSupreme Court of Alabama · 1883
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- McCormick v. McCormickSupreme Court of Alabama · 1930
- Ritter v. MoseleySupreme Court of Alabama · 1933
- Wollner & Lowenstein v. Lehman, Durr & Co.Supreme Court of Alabama · 1887
- Ex Parte State Ex Rel. Attorney GeneralSupreme Court of Alabama · 1943
- Jones v. FranklinSupreme Court of Alabama · 1886
5 more not listed; retrieve them via the Exa API.