Warren v. Wagner
Supreme Court of Alabama
Appeal from Shelby Circuit Court. Tried before Hon. S. H. Speott. This was an action by Mrs. Mary B. Wagner against B. B.. Warren, on two promissory notes, each for $80, dated 18th April, 1878, and payable to the plaintiff’s order, one on 1st December, 1880, and the other on 1st January, 1881; and was commenced on 28th January, 1881. The defendant filed .six pleas.
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Appeal from Shelby Circuit Court. Tried before Hon. S. H. Speott. This was an action by Mrs. Mary B. Wagner against B. B.. Warren, on two promissory notes, each for $80, dated 18th April, 1878, and payable to the plaintiff’s order, one on 1st December, 1880, and the other on 1st January, 1881; and was commenced on 28th January, 1881. The defendant filed .six pleas. The averments of tiie first plea are, in substance, that the plaintiff is, and was on 29th August, 1877, a married woman, the wife of Charles Gr. Wagner ; that at the date last named she was, by the chancellor’s decree, duly…
1Opinion of the Court
BBIOKELL, O. J.
A married woman, having a statutory-separate estate, is relieved of the disabilities of coverture by decree of the chancellor, rendered in pursuance of the statute (Code of 1876, § 2731). Subsequently, with the concurrence of her husband, manifested by his joining in the execution of the lease, she leases her lands for a term of years, taking notes payable to herself alone, for the installments of rent as they accrue according to the lease. Two questions are raised upon this state of facts: First, is the lease valid; secondly, can the wife in her own name maintain an action at…
2Cases cited25 opinions
- United States v. BostwickSupreme Court of the United States · 1877
- Edgerton v. . PageNew York Court of Appeals · 1859
- Royce v. GuggenheimMassachusetts Supreme Judicial Court · 1870
- Crommelin v. Thiess & Co.Supreme Court of Alabama · 1858
- Holley v. YoungeSupreme Court of Alabama · 1855
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3Cited by45 opinions
- Dority v. DorityTexas Supreme Court · 1903
- Keating v. SpringerIllinois Supreme Court · 1893
- Fonville v. StateSupreme Court of Alabama · 1890
- Robinson & Co. v. GreeneSupreme Court of Alabama · 1906
- Shakespeare v. AlbaSupreme Court of Alabama · 1884
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