Shaeffer v. Sheppard
Supreme Court of Alabama
Appeal from Chancery Court of Chambers. Tried, before James T. May, Esq., a solicitor of the court.* Appellee was complainant in the court below, and filed this bill against her husband, Shaeffer and his wife, seeking to have certain lots in Bluffton, Chambers county, sold, to reimburse her for moneys of her statutory separate estate, which had been used by her husband, with the knowledge of appellants, in partly paying for said lots on a purchase from Shaeffer and wife by…
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Appeal from Chancery Court of Chambers. Tried, before James T. May, Esq., a solicitor of the court.* Appellee was complainant in the court below, and filed this bill against her husband, Shaeffer and his wife, seeking to have certain lots in Bluffton, Chambers county, sold, to reimburse her for moneys of her statutory separate estate, which had been used by her husband, with the knowledge of appellants, in partly paying for said lots on a purchase from Shaeffer and wife by her husband, on whose failure to pay in full the lands had been sold under decree in chancery for foreclosure of vender’s…
1Opinion of the CourtBrickell, C. J.
If it is conceded the bill contains equity, it rests, on the allegations, that the money used by the husband of the appellee, in the purchase of the real estate, was her statutory separate estate. This fact is denied by the answers, and the evidence in the cause fully supports the denial. To the estate accruing to the appellee by inheritance from her father and uncle, the, marital rights of her husband, as defined by the common law, had attached before the enactment of the statutes creating separate estates. It js not very clear whether these rights had been fully exercised by the husband, by…
2Cases cited3 opinions
- Kidd v. MontagueSupreme Court of Alabama · 1851
- Manning v. ManningSupreme Court of Alabama · 1854
- Sterns v. WeathersSupreme Court of Alabama · 1857
3Cited by7 opinions
- Coleman v. . BurrNew York Court of Appeals · 1883
- Patton v. BeecherSupreme Court of Alabama · 1878
- Bynum v. FrederickSupreme Court of Alabama · 1886
- Carter v. Worthington & SmithSupreme Court of Alabama · 1886
- Evans, Fite, Porter & Co. v. CovingtonSupreme Court of Alabama · 1881
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