Bradford v. Greenway, Henry & Smith
Supreme Court of Alabama
Error to the Chancery Court of Madison. Tried before the ■Hon. D. G. Ligón. The facts are sufficiently stated in the opinion of the court, 1. There was a full and adequate remedy at law; this remedy should have been exhausted. — Vandergraff v. Medlock, 3 Port. 3S9; Morgan v. Crabb, ib. 473 ; Chandler v. Faulkner, 5 Ala. 569. This being the husband’s debt, the bill should have shown a judgment against him and an execution returned nulla bona.
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Error to the Chancery Court of Madison. Tried before the ■Hon. D. G. Ligón. The facts are sufficiently stated in the opinion of the court, 1. There was a full and adequate remedy at law; this remedy should have been exhausted. — Vandergraff v. Medlock, 3 Port. 3S9; Morgan v. Crabb, ib. 473 ; Chandler v. Faulkner, 5 Ala. 569. This being the husband’s debt, the bill should have shown a judgment against him and an execution returned nulla bona. Until that is shown, they could not go into chancery to condemn the separate estate of the wife to the satisfaction of the debt. — Forrest & Wife v.…
1Opinion of the Court
.CHILTON, J.
This hill was filed by the firm of Green way, Henry & Smith, to recovey satisfaction out of the separate estate of Mrs. Louisa Bradford, wife of Larkin Bradford, of a bond in the following words: “by the first day of January 1846, we promise to pay Joseph B. Bradford, nine hundred and eighty-one dollars and forty-nine cents, with legal interest thereon from the first day of January last, it being for value by the undersigned, Louisa, received, and for which she hereby promises that *801bor separate estate shall be liable. In witness whereof we have hereunto set our hands and seals. —…
2Cases cited3 opinions
- Jaques v. Trustees of the Methodist Episcopal ChurchCourt for the Trial of Impeachments and Correction of Errors · 1820
- Gardner v. GardnerCourt for the Trial of Impeachments and Correction of Errors · 1839
- Hoot v. SorrellSupreme Court of Alabama · 1847
3Cited by12 opinions
- Short v. BattleSupreme Court of Alabama · 1875
- Roper v. RoperSupreme Court of Alabama · 1856
- O'Connor v. ChamberlainSupreme Court of Alabama · 1877
- Kelly v. TurnerSupreme Court of Alabama · 1883
- Collins v. RudolphSupreme Court of Alabama · 1851
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