Cook v. Kennerly
Supreme Court of Alabama
Error to the Circuit Court of Lauderdale. Detinue by the defendant in error. From a bill of exceptions, found in the record, it appears that the plaintiff in error, as sheriff, had levied on a number of slaves, by virtue of an execution against James C. Ken-nerly, and that the action was commenced by the plaintiffs below, as trustees of Catherine Kennerly, wife of James C. Kennerly,’ and relied on a deed, made previous to the marriage, in the State of South Carolina; to…
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Error to the Circuit Court of Lauderdale. Detinue by the defendant in error. From a bill of exceptions, found in the record, it appears that the plaintiff in error, as sheriff, had levied on a number of slaves, by virtue of an execution against James C. Ken-nerly, and that the action was commenced by the plaintiffs below, as trustees of Catherine Kennerly, wife of James C. Kennerly,’ and relied on a deed, made previous to the marriage, in the State of South Carolina; to which both the husband and wife were parties, the material parts of which are as follows : This indenture, made the 15th…
1Opinion of the CourtOrmond, J.
The interesting question here presented, is one which has frequently engaged the attention of this court, and settled, so far as the decisions of this court can settle any legal principle, commencing with the case of Harkins v. Coalter, 2 Porter, 463, and running through most of the subsequent volumes. The uniform tenor of these decisions is, that to exclude the husband from the enjoyment of the estate, and prevent his marital rights from attaching upon it, there must be a clear and manifest intent to create a separate estate in the wife. [Lamb v. Wragg and Stewart, 8 Porter, 73; Dunn and…
2Cases cited12 opinions
- Dunn v. Bank of MobileSupreme Court of Alabama · 1841
- Rugely v. RobinsonSupreme Court of Alabama · 1846
- Doe ex dem. De Peyster v. HowlandNew York Supreme Court · 1828
- Carleton & Co. v. BanksSupreme Court of Alabama · 1844
- Williams v. JonesSupreme Court of Alabama · 1841
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Jenkins v. McConicoSupreme Court of Alabama · 1855
- Roper v. RoperSupreme Court of Alabama · 1856
- Williams v. MaullSupreme Court of Alabama · 1852
- Pollard v. MerrillSupreme Court of Alabama · 1849
- Peake v. YeldellSupreme Court of Alabama · 1850
6 more not listed; retrieve them via the Exa API.