Cox v. Boyett
Supreme Court of Alabama
Appeal from the Circuit Court of Marion. Tried before the Hon. H. C. Speaks. This was a statutory action of detinue brought by the appellant, Emily J. Cox, against the appellee, Green Boyett, to recover the possession of a yoke of oxen taken from the possession of herself and husband, and sold by the sheriff at an execution sale under a judgment against her husband. The plaintiff claimed title to the property by a series of exchanges which her husband had made.
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Appeal from the Circuit Court of Marion. Tried before the Hon. H. C. Speaks. This was a statutory action of detinue brought by the appellant, Emily J. Cox, against the appellee, Green Boyett, to recover the possession of a yoke of oxen taken from the possession of herself and husband, and sold by the sheriff at an execution sale under a judgment against her husband. The plaintiff claimed title to the property by a series of exchanges which her husband had made. The property which he first exchanged came into the wife’s possession prior to the passage of the act approved February 28, 1887, and…
1Opinion of the Court
McCLELLAN, J. —
Under statutes of this State in relation to the separate property of married women prior to the act of February 28, 1887, no property of the wife could be sold or exchanged and conveyed except by instrument in writing, executed by husband and’ wife jointly, and attested by two witnesses (Code of 1876, § *6892707) ;but, under that act, “the personal property of the wife, or any part thereof, may be sold, exchanged, or otherwise disposed of by the husband and wife by parol or otherwise.” — Code of 1886, § 2348. .This change in the requisites of a conveyance or disposition of the…
2Cases cited4 opinions
- Kennon & Brother v. DibbleSupreme Court of Alabama · 1883
- Southern Warehouse Co. v. JohnsonSupreme Court of Alabama · 1887
- Harper v. RuddSupreme Court of Alabama · 1889
- Stout v. KinseySupreme Court of Alabama · 1890