Bennett v. Bennett
Supreme Court of Alabama
Appeal from the Circuit Court of Wilcox. Tried before the Hon. Nat. Cooe. This action was brought by Mrs. Margaret C. Bennett, against Burgess Bennett, who was the administrator of the plaintiff’s deceased husband, Jerome Bennett. The complaint contained all the common money counts, and sought to charge the defendant individually.
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Appeal from the Circuit Court of Wilcox. Tried before the Hon. Nat. Cooe. This action was brought by Mrs. Margaret C. Bennett, against Burgess Bennett, who was the administrator of the plaintiff’s deceased husband, Jerome Bennett. The complaint contained all the common money counts, and sought to charge the defendant individually. The only plea was the general issue, “ with leave to give in evidence any matter that could be specially pleaded in bar, and with like leave to the plaintiff to give in evidence any matter that could be specially replied.” The facts of the case, as adduced in…
1Opinion of the CourtStone, J.
In Weems v. Bryan and Wife, 21 Ala. 302, 308, this court, speaking of the rights of the husband in the separate estate of the wife which she holds under the statutes of this State, said: “There can be no doubt but that the husband becomes tenant for the life of the wife, {per autre vie,) of the rents and profits of the wife’s estate. The right ‘to have and possess, control and manage ’ her property during the coverture, without liability to account for rents and profits, makes him so. Like every other tenant for life, he is entitled to emble-ments, that is, the C2’op growing or matured, and…
2Cases cited2 opinions
- Price v. PickettSupreme Court of Alabama · 1852
- Weems v. BryanSupreme Court of Alabama · 1852
3Cited by7 opinions
- Hays v. CockrellSupreme Court of Alabama · 1867
- Warfield v. RavesiesSupreme Court of Alabama · 1863
- Boaz v. BoazSupreme Court of Alabama · 1860
- Dailey v. PughIndiana Court of Appeals · 1921
- Herstein v. WalkerSupreme Court of Alabama · 1887
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