Henderson v. Warmack
Mississippi Supreme Court
On appeal from the superior court of chancery; Hon. Stephen Cocke, chancellor. The facts are contained in the opinion. The question is, whether the slave thus purchased is her property or her husband’s.
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On appeal from the superior court of chancery; Hon. Stephen Cocke, chancellor. The facts are contained in the opinion. The question is, whether the slave thus purchased is her property or her husband’s. The act of 1839 says: “Any married woman may become seized or possessed of any property, real or personal, by direct bequest, demise, gift, purchase, or distribution, in her own name, and as of her own property, provided the same does not come from her husband after coverture.” By the law as it existed before this act, the money obtained by wife’s labor or work belonged to her husband. The…
1Opinion of the CourtJustice Handy
This was a bill filed in the superior court of chancery by a married woman and her husband for the recovery of a slave alleged to be the separate property of the wife. The substance of the bill is, that in the year 1845, the wife purchased the slave and took a bill of sale in her own ñame, and paid the purchase-money by means which she had acquired by her own labor, her husband being then free from debt, and the slave being recognized as her property. Afterwards, the husband, having contracted a debt to Henderson and Moore for about $550, took the slave, against the wife’s consent, and…
2Cases cited1 opinion
- Garrison v. FisherMississippi Supreme Court · 1853
3Cited by4 opinions
- Coleman v. . BurrNew York Court of Appeals · 1883
- Trapnell v. ConklynWest Virginia Supreme Court · 1892
- Bailey v. GardnerWest Virginia Supreme Court · 1888
- Mackey v. WebbNew York Supreme Court · 1889