Machem v. Machem
Supreme Court of Alabama
Appeal from the Chancery Court of Cherokee. Heard before the Hon. James B. Clark. This bill was filed by Mrs. Jane Machem, the appellant, against William Machem, as the executor of her deceased husband, James Machem, to enjoin an action at law for the recovery of certain slaves, and to have them set apart as her separate estate under the will of her father, Merry Hall, or as her distributive share of her husband’s estate.
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Appeal from the Chancery Court of Cherokee. Heard before the Hon. James B. Clark. This bill was filed by Mrs. Jane Machem, the appellant, against William Machem, as the executor of her deceased husband, James Machem, to enjoin an action at law for the recovery of certain slaves, and to have them set apart as her separate estate under the will of her father, Merry Hall, or as her distributive share of her husband’s estate. The bill was filed in October, 1849; the action sought to be enjoined was before this court, on writ of error, at its January term, 1849, and may be found reported in 15…
1Opinion of the CourtChilton, C. J.
We think the learned chancellor has, in the main, taken a very correct view of this case, and we fully concur with him in the following propositions :
1. That, as widow of James Machem, the complainant has no. right to hold on to the slaves in controversy, and resort to a court of equity to have them set apart as so much of her share of her husband’s estate. The statute law has provided another forum for making the distribution, in eases where a division or allotment of personal chattels in specie is required to be made of decedents’ estates; and, although there are cases where the ohancery…
2Cases cited2 opinions
- James v. M'KernonNew York Supreme Court · 1810
- Gibson v. Carson's adm'rSupreme Court of Alabama · 1842
3Cited by12 opinions
- Cowie v. StrohmeyerWisconsin Supreme Court · 1912
- Bragg v. Massie's Adm'rSupreme Court of Alabama · 1861
- Pickens v. OliverSupreme Court of Alabama · 1858
- Co-Operative Building Bank v. HawkinsSupreme Court of Rhode Island · 1909
- Machen's v. MachenSupreme Court of Alabama · 1862
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