Marshall v. Gayle
Supreme Court of Alabama
Appeal from Chancery Court of Dallas. Heard before Hou. Chables TubNeb. The appellees, who are the heirs at law of Mrs. Mary L. Gayle, filed this bill against one Marshall, who had purchased lands of the statutory estate of said Mary, giving his notes for a part of the purchase-money, and against one Shields, surviving partner of a firm, to which, it is alleged, the husband, without the wife’s consent, transferred the notes in satisfaction of a debt, for which it is alleged…
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Appeal from Chancery Court of Dallas. Heard before Hou. Chables TubNeb. The appellees, who are the heirs at law of Mrs. Mary L. Gayle, filed this bill against one Marshall, who had purchased lands of the statutory estate of said Mary, giving his notes for a part of the purchase-money, and against one Shields, surviving partner of a firm, to which, it is alleged, the husband, without the wife’s consent, transferred the notes in satisfaction of a debt, for which it is alleged she was not bound. The bill prayed a decree in complainant’s favor for the amount of the notes, and that a vendor’s lien…
1Opinion of the CourtManning, J.
Through the sale of the land by Mrs. Gayle and her husband, to Marshall, for the money and notes given by him therefor, that part of her real property was converted into personalty. And the bill proceeds upon the idea that the complainants are entitled to all of this, in her stead. But, in the first place, there is nothing to show that the proceeds of the land sold to Marshall were not *287properly invested for tbe benefit of Mrs. Gayle, in being made payable to Milbouse & Shields to discharge the property of her separate estate- — perhaps of her equitable separate estate- — from the mortgage to…
2Cases cited2 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- Watts v. SteeleSupreme Court of Alabama · 1851
3Cited by2 opinions
- Griffin v. SpenceSupreme Court of Alabama · 1881
- Costephens v. DeanSupreme Court of Alabama · 1881