Bell v. Bell's Adm'r
Supreme Court of Alabama
Appeal from the Circuit Court of Wilcox; Tried before the Hon. John K. Henky. This action was brought. b,y. the 'administrator of Lucy Bell, deceased, against William C. Bell, to recover certain slaves, which the defendant held and claimed as tbe administrator of George W. Bell, deceased, who was in Ms life-time the husband of the plaintiff’s intestate'; and was commenced'on-tbe ldth March, 1S5S. The ease was before this court at its- June term, 1860, and may be found…
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Appeal from the Circuit Court of Wilcox; Tried before the Hon. John K. Henky. This action was brought. b,y. the 'administrator of Lucy Bell, deceased, against William C. Bell, to recover certain slaves, which the defendant held and claimed as tbe administrator of George W. Bell, deceased, who was in Ms life-time the husband of the plaintiff’s intestate'; and was commenced'on-tbe ldth March, 1S5S. The ease was before this court at its- June term, 1860, and may be found reported in 36tli Ala.,-466-82. The facts in proof on the second trial, as. set out in the bill of exceptions, were…
1Opinion of the CourtA. J. Walker, C. J.
When this case was before in this court, we announced the principle, applicable'to cases governed by tbe common law, that the. wife-can not possess •personal property ; that her possession is the possession of the husband, and that this principle resulted from the unity of husband and wife. It is not the same principle which applies to the relation of mortgagor .and mortgagee, and of •landlord and tenant. In those cases, the doctrine that the 'possession of the one is the possession of the other, grows out of the law.of estoppel. The possession of the wife is the possession of the husband,…
2Cited by10 opinions
- Stiff v. CobbSupreme Court of Alabama · 1899
- Bragg v. Massie's Adm'rSupreme Court of Alabama · 1861
- Gafford v. StraussSupreme Court of Alabama · 1889
- McAnally v. O'Neal & O'NealSupreme Court of Alabama · 1876
- German v. HeathSupreme Court of Iowa · 1908
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