Dent v. Slough
Supreme Court of Alabama
Appeal from the Chancery Court at Mobile. Heard before the Hon. N. W. Cocke. The bill in this case was filed, on the 30th January, 1866, by Mrs. Fanny Dent, the widow of Dennis Dent, deceased, against Bobert H. Slough.
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Appeal from the Chancery Court at Mobile. Heard before the Hon. N. W. Cocke. The bill in this case was filed, on the 30th January, 1866, by Mrs. Fanny Dent, the widow of Dennis Dent, deceased, against Bobert H. Slough. Its material allegations, with the corresponding numbers of the paragraphs of the bill, are the following: 1. The complainant and said Dennis Dent were married in December, 1855; and the complainant then owned, or was entitled to, a separate estate, under the laws of Alabama. 2. About two years after said marriage, Dennis Dent formed a partnership with the defendant, and…
1Opinion of the CourtByrd, J.
1. Dennis Dent was not liable for the profits of the separate estate of his wife held under the Code, although he used the corpus and income in business with another. — Code, § 1983; Weems v. Bryan, 21 Ala. 302; Sessions v. Sessions, 33 Ala. 522; Andrews et al. v. Huckabee, 30 Ala. 152; Whitman v. Abernathy, 33 Ala. 154; Bennett v. Bennett, 34 Ala. 53.
2. Upon the death of the husband, the separate estate of the wife is discharged of the trust, and the legal title vests absolutely in her. — Andrews v. Huckabee, supra. And she may sue at law for its recovery, and can not sue in equity, unless…
2Cases cited9 opinions
- Knotts v. TarverSupreme Court of Alabama · 1845
- Andrews v. Huckabee's Adm'rSupreme Court of Alabama · 1857
- Whitman v. AbernathySupreme Court of Alabama · 1858
- Halsted v. RabbSupreme Court of Alabama · 1838
- Weems v. BryanSupreme Court of Alabama · 1852
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3Cited by4 opinions
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- Lee v. TannenbaumSupreme Court of Alabama · 1878
- Early & Lane v. OwensSupreme Court of Alabama · 1880
- Clements v. LavenderSupreme Court of Alabama · 1923