Legal Opinion

Kraft v. Lohman

Supreme Court of Alabama

Decided December 15, 1885PublishedCited by 4 opinions

Appeal from the Chancery Court of Mobile. Heard before the Hon. John. A. Foster. The bill in this case was filed on the 4th March, 1885, against Peter Kraft, by his wife, who called herself Augusta Lohman, and who sought to remove him from the trusteeship of her statutory estate, and to enjoin him from interfering in any manner with her property.

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Appeal from the Chancery Court of Mobile. Heard before the Hon. John. A. Foster. The bill in this case was filed on the 4th March, 1885, against Peter Kraft, by his wife, who called herself Augusta Lohman, and who sought to remove him from the trusteeship of her statutory estate, and to enjoin him from interfering in any manner with her property. The bill alleged that the parties were married in 1866, but lived together only about three weeks, when the defendant abandoned his .wife; that he had never contributed to her support, and had no regular business-or employment ; that he had never…

1Opinion of the Court

SOMERVILLE, <7.

It is entirely immaterial what may be the character of the wife’s separate estate, described in the bill in this case — whether equitable or statutory, the action of the chancellor in removing the husband from the trusteeship of the property was free from error. That the property was the wife’s, and not the husband’s, we can entertain no doubt.

The testimony shows that he had permanently abandoned the wife, without sufficient excuse; that he was profligate, and unfit for the discreet management of her property; that he wasted her income, by consuming it for his own personal…

2Cases cited2 opinions

  1. Sloan v. FrothinghamSupreme Court of Alabama · 1882
  2. Boaz v. BoazSupreme Court of Alabama · 1860

3Cited by4 opinions

  1. Kelsey v. Detroit Trust Co.Michigan Supreme Court · 1933
  2. DeBardelaben v. StoudenmireSupreme Court of Alabama · 1886
  3. Bolman v. OverallSupreme Court of Alabama · 1888
  4. Allen v. AllenSupreme Court of Alabama · 1887

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