Bibb v. M'Kinley
Supreme Court of Alabama
Error to the Court of Chancery at Huntsville. Bill and answers heard before Chancellor Peck. The plaintiff filed his bill on the equity side of the Circuit court of Madison, which, upon the establishment qf the separate courts of Chancery, was transferred to the Chancery court holden at Huntsville, In the bill, it is stated that Henry Chambers, late of-the county Limestone, Alabama, departed this lifje-, in the year of our Lord one thousand eight hundred and twenty-five,…
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Error to the Court of Chancery at Huntsville. Bill and answers heard before Chancellor Peck. The plaintiff filed his bill on the equity side of the Circuit court of Madison, which, upon the establishment qf the separate courts of Chancery, was transferred to the Chancery court holden at Huntsville, In the bill, it is stated that Henry Chambers, late of-the county Limestone, Alabama, departed this lifje-, in the year of our Lord one thousand eight hundred and twenty-five, having first made and published his last will and testament — a copy of which is exhibited with the bill— That the will was…
1Opinion of the CourtCollier, C. J.
In real estate, the husband gains a title only to the rents and profits during coverture, but the estate itself remains entire to the wife, after the death of her husband, or to her heirs, if she dies before him ;- unless by the birth of a child, he becomes- tenant for life *642by the curtesy. But in chattel interests, the sole and absolute property vests in the husband, to be disposed of at his pleasure, if he chooses to take possession of them; for Unless he reduces them into possession, no property vests in him, but they shall remain to the wife, or to her representatives, after the coverture…
2Cases cited1 opinion
- Johnson v. WrenSupreme Court of Alabama · 1830
3Cited by7 opinions
- Whetstone v. Whetstone's Ex'rsSupreme Court of Alabama · 1883
- Vanderveer v. AlstonSupreme Court of Alabama · 1849
- Brevard's Executors v. JonesSupreme Court of Alabama · 1874
- McDaniel v. WhitmanSupreme Court of Alabama · 1849
- Welch's Heirs v. Welch's Adm'rSupreme Court of Alabama · 1848
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