Crabb's Administrator v. Thomas
Supreme Court of Alabama
Appeal from the Chancery Court of Tuskaloosa. HEARD before the Hon. E. D. TowNes. This bill was filed by Mrs. Elvira Thomas, suing by her next friend, to protect her separate estate in certain slaves from the judgment creditors of her father, from whom she derived them.
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Appeal from the Chancery Court of Tuskaloosa. HEARD before the Hon. E. D. TowNes. This bill was filed by Mrs. Elvira Thomas, suing by her next friend, to protect her separate estate in certain slaves from the judgment creditors of her father, from whom she derived them. The facts are all set out at length in the opinion of the court. 1. The common law does not allow a married woman to possess personal property independently of her husband; yet a trust for her sole benefit may be created, which a court of equity will see strictly performed. — Clancy’s Rights of Mar. W., b. 3, c. 1, p. 251. 2.…
1Opinion of the Court
LIGON, J. —
This bill is filed by a married woman, through her next friend, to protect her separate estate from the creditors of her father, from whom she derived it. It alleges, that in 1830, Charles Lewin, the father of the complainant, some time after her marriage, gave her a negro woman named Martha, who has since become the mother of a boy named Henry; that the woman was delivered to her at the- time of the gift, and has been constantly in her possession since that time ; that the boy was born while his mother was thus held by her, and is still in her possession ; that the donor gave her…
2Cases cited4 opinions
- Porter v. Bank of RutlandSupreme Court of Vermont · 1847
- McKinley v. IrvineSupreme Court of Alabama · 1848
- Williams v. MaullSupreme Court of Alabama · 1852
- Godbold v. RobertsSupreme Court of Alabama · 1845
3Cited by13 opinions
- Pickens v. OliverSupreme Court of Alabama · 1857
- Ray's Adm'r v. WombleSupreme Court of Alabama · 1876
- Munchus v. HarrisSupreme Court of Alabama · 1881
- Gerald v. McKenzieSupreme Court of Alabama · 1855
- Helmetag v. FrankSupreme Court of Alabama · 1878
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