Haygood v. Harris
Supreme Court of Alabama
Writ of Error to the Circuit Court of Lowndes. Tbial of the right of property, between the plaintiff in error as claimant, and the defendant in error, plaintiff in execution. Upon the trial, the plaintiff proved the levy of an execution in his favor, against Mary A. Sally, on two slaves, which had been allotted to the defendant in execution, upon the division of her father’s estate, in 1837 — and went to the possession of her guardian.
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Writ of Error to the Circuit Court of Lowndes. Tbial of the right of property, between the plaintiff in error as claimant, and the defendant in error, plaintiff in execution. Upon the trial, the plaintiff proved the levy of an execution in his favor, against Mary A. Sally, on two slaves, which had been allotted to the defendant in execution, upon the division of her father’s estate, in 1837 — and went to the possession of her guardian. That in 1842 she intermarried with Middleton G. Haygood, and the slaves came to her possession and that of her husband. The execution issued and was levied in…
1Opinion of the CourtOrmond, J.
It does not appear, whether the judgment upon which the execution in this case issued, was, obtained before or after the marriage of Miss Sally with M. G. Hay-good ; but we infer from the style of the judgment, as recited in the execution, that it was obtained against her previous to the marriage. This is however unimportant, as in no event is her separate estate liable at law to the payment of debts, during the coverture. The common law takes no cognizance of personal property in the wife during the marriage; there may be a trust for her sole benefit, which a court of equity will protect,…
2Cases cited2 opinions
- Carleton & Co. v. BanksSupreme Court of Alabama · 1844
- Morris v. BoothSupreme Court of Alabama · 1846
3Cited by3 opinions
- Callen v. RottenberrySupreme Court of Alabama · 1884
- Woodfolk v. LyonTennessee Supreme Court · 1897
- Chatterton v. YoungCourt of Appeals of Tennessee · 1877