Lee v. Campbell
Supreme Court of Alabama
Appeal from the Circuit Court of Sumter. Tried before Hon. L. R. Smith. Appellee, Campbell, on the 15th clay of September, 1871, brought this action against James Lee and Susan, his wife, to subject her statutory estate, for work and labor done in the year 1863, in repairing fencing, and building a carriage-house and smoke-house, about the premises on which appellants resided, which formed part of her statutory estate.
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Appeal from the Circuit Court of Sumter. Tried before Hon. L. R. Smith. Appellee, Campbell, on the 15th clay of September, 1871, brought this action against James Lee and Susan, his wife, to subject her statutory estate, for work and labor done in the year 1863, in repairing fencing, and building a carriage-house and smoke-house, about the premises on which appellants resided, which formed part of her statutory estate. Issue was joined on the pleas, among others, of payment, statute of limitations of three years, and the-general issue. It was proved that the estate sought to be condemned,…
1Opinion of the CourtBrickell, C. J.
The liability of the wife’s statutory separate estate for articles of comfort and support of the household, suitable to the degree and condition in life of the family, does not arise from contract. It is defined and declared by the statute, and it is immaterial whether she or her husband is the active agent in procuring them. — Durden v. McWilliams, 31 Ala. 438. The liability of the husband on whom the law devolves the duty of maintaining the family, is not lessened, because of the liability of the statutory separate estate, and until his liability is fixed by a personal judgment; there can…
2Cases cited6 opinions
- Durden v. McWilliamsSupreme Court of Alabama · 1858
- Eskridge v. DitmarsSupreme Court of Alabama · 1874
- Cunningham v. FontaineSupreme Court of Alabama · 1854
- Sharp v. Burns & ColesSupreme Court of Alabama · 1860
- Lowther v. ChappellSupreme Court of Alabama · 1845
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Barton v. BartonSupreme Court of Alabama · 1883
- Fuller v. StateSupreme Court of Alabama · 1906
- Gayle's Adm'r v. MarshallSupreme Court of Alabama · 1881
- Judge v. WrightSupreme Court of Alabama · 1882
- Lee v. SimsSupreme Court of Alabama · 1880
3 more not listed; retrieve them via the Exa API.