Williams v. Auerbach
Supreme Court of Alabama
APPEAL from Circuit Court of Pike. Tried before Hon. H. D. Clayton. The appellee, Mrs. Mary Williams, brought trover against Auerbach for the conversion of certain cattle, constituting part of the corpus of her statutory estate. The case was tried ou an agreed state of facts, subject to exception to its competency and relevancy.
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APPEAL from Circuit Court of Pike. Tried before Hon. H. D. Clayton. The appellee, Mrs. Mary Williams, brought trover against Auerbach for the conversion of certain cattle, constituting part of the corpus of her statutory estate. The case was tried ou an agreed state of facts, subject to exception to its competency and relevancy. " Prior to the bringing of suit,. “Mrs. "Williams’ husband was indebted to defendant for certain supplies, necessary for the comfort of the family of' plaintiff and her husband, suitable to their degree and condition in life, exceeding in value the property sued for,”…
1Opinion of the CourtStone, J.
Under the uniform rulings of this court, and by the very terms of the statute, we feel constrained to reverse the ruling of the circuit court in this cause. All our ’ decisions hold that a sale of the corpus of the wife’s statutory separate estate is void, unless it be in writing, signed by *92husband and wife, and attested or acknowledged as required by law. — Eevised Code, §§ 2373, 1552; Drake v. Glover, 30 Ala. 382; Whitman v. Abernathy, 33 Ala. 154; Canty v. Sanderford, 37 Ala. 92; Alexander v. Saulsbury, id. 376; Warfield v. Ravesies, 38 Ala. 521.
Eeversed and remanded.
2Cases cited2 opinions
- Drake v. GloverSupreme Court of Alabama · 1857
- Whitman v. AbernathySupreme Court of Alabama · 1858
3Cited by9 opinions
- Steiner Bros. v. TranumSupreme Court of Alabama · 1893
- Pollak & Co. v. GravesSupreme Court of Alabama · 1882
- DeBardelaben v. StoudenmireSupreme Court of Alabama · 1886
- Walker v. IveySupreme Court of Alabama · 1883
- Callen v. RottenberrySupreme Court of Alabama · 1884
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