Walker's Adm'r v. Walker's Adm'r
Supreme Court of Alabama
Appeal from tbe Circuit Court of Macon. Tried before tbe Hon. Robert Dougherty. This action was brought by Cleveland Croft, as tbe administrator of Mrs. Matilda Walker, deceased, against Mrs. Martba T. C. Walker, as tbe administratrix of Jetbro Walker, deceased, who was tbe husband of said Matilda Walker; and was commenced on tbe 21st February, Í8CQv'-> Tbe complaint contained tbe common counts, on an account stated, and for money bad and received.
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Appeal from tbe Circuit Court of Macon. Tried before tbe Hon. Robert Dougherty. This action was brought by Cleveland Croft, as tbe administrator of Mrs. Matilda Walker, deceased, against Mrs. Martba T. C. Walker, as tbe administratrix of Jetbro Walker, deceased, who was tbe husband of said Matilda Walker; and was commenced on tbe 21st February, Í8CQv'-> Tbe complaint contained tbe common counts, on an account stated, and for money bad and received. Tbe record does not show what pleas were filed. Tbe object of tbe action was to recover tbe sum of nine hundred and nine 95-100 dollars, with…
1Opinion of the CourtByrd, J.
1. It may now be considered as settled, by repeated decisions of this court, that where an estate in personalty has vested in the wife under a will, and by the assent of the executor it has become a legal interest, and the possession is with the person in whom the precedent particular estate is vested, and no adverse possession is shown, such estate of the wife passes to the husband by virtue of his marital rights, at common law. There are expressions used in the opinions of this court, in the cases of Mason v. McNeill, (23 Ala. 208,) and of Hair et al. v. Avery et al., (28 Ala. 267,) and…
2Cases cited14 opinions
- Gibson v. LandSupreme Court of Alabama · 1855
- Armstrong's Ex'r v. Armstrong's HeirsSupreme Court of Alabama · 1857
- Strother's Adm'r. v. ButlerSupreme Court of Alabama · 1850
- Walker v. FennerSupreme Court of Alabama · 1856
- Henderson v. MabrySupreme Court of Alabama · 1848
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Rowland & Co. v. PlummerSupreme Court of Alabama · 1874
- Mahone v. HaddockSupreme Court of Alabama · 1870
- Louisville & N. R. Co. v. OutlawAlabama Court of Appeals · 1951
- Smith v. StateCourt of Criminal Appeals of Alabama · 1970
- Williams v. StateSupreme Court of Alabama · 1872
3 more not listed; retrieve them via the Exa API.