Meyer Bros. v. Cook
Supreme Court of Alabama
Appeal from the Chancery Court of Dallas. Heard before the Hon. S. K. MoSpaddeN. The bill in this case was filed on the 24th December, 1884, by Mrs. Octavia Cook, a married woman, who had been relieved of the disabilities of coverture, against Meyer Brothers, partners in trade as merchants; and sought to establish the complainant’s alleged equitable title to a mare and two colts, and to enjoin an action at law which the defendants had brought to recover the animals.
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Appeal from the Chancery Court of Dallas. Heard before the Hon. S. K. MoSpaddeN. The bill in this case was filed on the 24th December, 1884, by Mrs. Octavia Cook, a married woman, who had been relieved of the disabilities of coverture, against Meyer Brothers, partners in trade as merchants; and sought to establish the complainant’s alleged equitable title to a mare and two colts, and to enjoin an action at law which the defendants had brought to recover the animals. The complainant claimed the animals, on the ground that, “five or six years” before the filing of the bill, and after her…
1Opinion of the Court
STONE, 0. J.
— The general rule of law is, that the offspring, or increase of female animals, when they come into visible existence and are endowed with independent life, rest under the same title or ownership their dam was subject to, at the time they were brought forth. Partus sequitur ventrem. — Gans v. Williams, 62 Ala. 41. Hence it has been often held that, if the dam, at • the time of parturition, be under mortgage incumbrance,, the offspring passes immediately under the same incumbrance. — Hughes v. Graves, 1 Litt. (Ky.) 317; Forman v. Proctor, 9 B. Mon. 124; Fowler v. Merrill, 11 How.…
2Cases cited16 opinions
- Preston & Stetson v. McMillanSupreme Court of Alabama · 1877
- Saltmarsh v. TuthillSupreme Court of Alabama · 1848
- McCall v. RogersSupreme Court of Alabama · 1884
- Evans v. EnglishSupreme Court of Alabama · 1878
- Kellogg v. LovelyMichigan Supreme Court · 1881
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3Cited by22 opinions
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- Lewis v. HickmanSupreme Court of Alabama · 1917
- Compton v. CollinsSupreme Court of Alabama · 1914
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- In re Elmore Cotton MillsDistrict Court, S.D. Alabama · 1914
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