McWilliams v. Ramsay
Supreme Court of Alabama
Error to the Court of Probate of Autauga. The legal questions involved in this case Arose upon an issue contesting the report of insolvency made by the defendant in error as administrator of Bartley L. Cox.
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Error to the Court of Probate of Autauga. The legal questions involved in this case Arose upon an issue contesting the report of insolvency made by the defendant in error as administrator of Bartley L. Cox. On the trial, the said administrator introduced the following deed, after having proved its execution: “The State of Alabama, day of February, 1849, between Bartley L. Cox of the first part, and James Ramsay of the second part, witnesseth : That Autauga County. the said Bartley L. Cox, for and in consideration of the natural love and affection which he bears towards Penelope E., his wife,…
1Opinion of the CourtGoldthwaite, J.
The principal question in this case is, as to the construction of the deed executed by Bartley L. Cox on the 1st February, 1849; and we are clear that under it, Mrs. Cox took an equitable estate in the slaves conveyed, as her separate estate, the legal interest being in the trustee, Ramsay. The rule is settled in the English courts, that a gift of personal chattels by the husband to the wife will be supported in equity, to the exclusion of the husband, (Lucas v. Lucas, 1 Atk. 270 ;) as where the husband transfers stock held by him, into the name of of his wife, or of himself and wife.—(Rider…
2Cases cited4 opinions
- Fosdick v. CornellNew York Supreme Court · 1806
- Williams v. MaullSupreme Court of Alabama · 1852
- Price v. PriceSupreme Court of Alabama · 1843
- Greer's Heirs v. BooneCourt of Appeals of Kentucky · 1845
3Cited by21 opinions
- Seals v. Robinson & Co.Supreme Court of Alabama · 1883
- Sanford v. Alabama Power Co.Supreme Court of Alabama · 1951
- Mason v. Pate'sSupreme Court of Alabama · 1859
- Turner v. ShawSupreme Court of Missouri · 1888
- Gibson v. LandSupreme Court of Alabama · 1855
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