Michan v. Wyatt
Supreme Court of Alabama
Error to the Chancery Court of Perry. Heard before the Hon. W. W. MasoN. The bill in this case was filed by John Michan and wife against William N. Wyatt.
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Error to the Chancery Court of Perry. Heard before the Hon. W. W. MasoN. The bill in this case was filed by John Michan and wife against William N. Wyatt. It alleges, that, on the 4th of October, 1819, Nancy Renwick, the mother of Leah Michan, who then resided in the State of South Carolina, was possessed in her own right of three slaves, named Sarah, and her children, Spencer and Young; that on that day she conveyed said slaves to Mrs. Michan by way of loan for her life, for her sole and exclusive use and benefit, and at her death to her children in équal portions; that Mrs. Michan was then…
1Opinion of the CourtLigon, J.
— The Chancellor having overruled the demurrer, and no cross assignment of error being found in the *826record, the case must be here considered as though no demurrer had ever been interposed.
The case, then, is this: John Michan and wife file their bill against the defendant, for the recovery of property to which the wife alone is entitled, as her separate estate. Neither the allegations nor prayer assert a right in, or- seek relief for the husband, in respect to the subject matter in controversy. The wife’s interest alone is propounded, and the relief sought is for her protection and benefit.…
2Cases cited5 opinions
- Bowie v. MinterSupreme Court of Alabama · 1841
- Sledge's Adm'rs v. CloptonSupreme Court of Alabama · 1844
- Kenny v. UdallNew York Court of Chancery · 1821
- Dewall v. CovenhovenNew York Court of Chancery · 1836
- Hamilton v. Clements' Adm'rsSupreme Court of Alabama · 1850
3Cited by18 opinions
- Wells v. American Mortgage Co. of Scotland, Ltd.Supreme Court of Alabama · 1895
- Lewis v. ElrodSupreme Court of Alabama · 1861
- Pitts v. PowledgeSupreme Court of Alabama · 1876
- Baines v. BarnesSupreme Court of Alabama · 1879
- Brunson v. BrooksSupreme Court of Alabama · 1880
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