Legal Opinion

Smyth v. Oliver

Supreme Court of Alabama

Decided June 15, 1857PublishedCited by 21 opinions

Appeal from the Chancery Court of Butler. Heard before the Hon. "Wade Keyes. The hill in this case was filed hy Mrs. Sarah Oliver, suing by her next friend, against her husband, Charles Oliver, Robert B. Smyth, and Thomas Erost.

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Appeal from the Chancery Court of Butler. Heard before the Hon. "Wade Keyes. The hill in this case was filed hy Mrs. Sarah Oliver, suing by her next friend, against her husband, Charles Oliver, Robert B. Smyth, and Thomas Erost. Its material allegations were these: That complainant intermarried with said Charles Oliver, in Butler county, Alabama, on the 9th of January, 1851; that she was possessed, at tlie time of her marriage, of an undivided interest in several slaves and other personal property, which, belonged to her in her own right; that on the 6th February, 18-51, she and her husband…

1Opinion of the CourtEice, C. J.

— The marriage of the complainant with Charles Oliver occurred in 1851, in this State, which was at that time their domicile; and therefore, their respective rights, interests and powers, in relation to any property owned by her at that time, or which accrued to her after-wards and before the adoption of the Code, must be determined with reference to the provisions of the act of the 13th Eebxmary, 1850, entitled “an act to alter and amend an act securing to married women their separate estates, and for other purposes, approved March 1,1848.” Pamph. Acts of 1849-50, p. 63.

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2Cases cited1 opinion

  1. Ward v. StateSupreme Court of Alabama · 1856

3Cited by21 opinions

  1. Robinson v. PierceSupreme Court of Alabama · 1897
  2. Mobile & Ohio R. R. v. ThomasSupreme Court of Alabama · 1868
  3. Lee v. TannenbaumSupreme Court of Alabama · 1878
  4. Warfield v. RavesiesSupreme Court of Alabama · 1863
  5. Evans v. EnglishSupreme Court of Alabama · 1878

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