Preston & Stetson v. McMillan
Supreme Court of Alabama
Appeal from tbe Chancery Court of Monroe. Heard before Hon. Charles Turner. Tbe original bill in this cause was filed on tbe 13th day of November, 1874, by the appellee, Tarnissa McMillan, by ber next friend, against ber husband and Preston Tbe case made by tbe bill and amendment, answers and testimony, may be thus stated : Complainant, who was then a Miss Faulk, intermarried with ber husband in Monroe county, in this State, in tbe year 1846. Her father died in the year…
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Appeal from tbe Chancery Court of Monroe. Heard before Hon. Charles Turner. Tbe original bill in this cause was filed on tbe 13th day of November, 1874, by the appellee, Tarnissa McMillan, by ber next friend, against ber husband and Preston Tbe case made by tbe bill and amendment, answers and testimony, may be thus stated : Complainant, who was then a Miss Faulk, intermarried with ber husband in Monroe county, in this State, in tbe year 1846. Her father died in the year .1852, leaving an estate, wbieb was administered in the probate court of Monroe county. On the 14th day of June, 1855,…
1Opinion of the CourtStone, J.
We think the testimony in the present record fully proves that the money and property with which the lands in controversy were purchased and paid for, were of the corpus of the statutory separate estate of Mrs. McMillan. Although she and her husband intermarried before 1848, her father, Eaulk, died about 1852; and the money and slave, which were used in paying for the lands, came to her from his estate after his death. Her husband employed the money thus received, and the proceeds of one of her slaves sold, in paying for the lands, and took the title in his own name. He and she have lived…
2Cases cited37 opinions
- Day v. . RothNew York Court of Appeals · 1858
- Boyd v. M'LeanNew York Court of Chancery · 1815
- Foster v. Trustees of the AthenæumSupreme Court of Alabama · 1842
- Siemon v. . SchurckNew York Court of Appeals · 1864
- Barker v. BarkerWisconsin Supreme Court · 1860
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3Cited by53 opinions
- Chapman v. AbrahamsSupreme Court of Alabama · 1878
- Haney v. LeggSupreme Court of Alabama · 1900
- McCarthy v. NicrosiSupreme Court of Alabama · 1882
- Belcher v. Birmingham Trust National BankDistrict Court, N.D. Alabama · 1968
- Wilson v. HoltSupreme Court of Alabama · 1887
48 more not listed; retrieve them via the Exa API.