Harmon & Son v. Siler
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before the Hon. Jno. P. Hubbard. This action was brought by Harmon & Son, suing as a partnership, against J. E. Pickett and W. D. Siler, the latter being sued as executor of the last will and testament of Mrs. D. N. Pickett, the deceased wife of said J. F. Pickett; and was commenced on the 3d September, 1889. The action was founded on accounts for goods sold and delivered by plaintiffs to said Pickett and wife during the years…
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Appeal from the Circuit Court of Pike. Tried before the Hon. Jno. P. Hubbard. This action was brought by Harmon & Son, suing as a partnership, against J. E. Pickett and W. D. Siler, the latter being sued as executor of the last will and testament of Mrs. D. N. Pickett, the deceased wife of said J. F. Pickett; and was commenced on the 3d September, 1889. The action was founded on accounts for goods sold and delivered by plaintiffs to said Pickett and wife during the years 1883-86, and sought a personal judgment against said Pickett; and it also sought to subject certain lands, alleged to have…
1Opinion of the CourtColeman, J.
The complaint, as amended, presents a case in which it is sought to subject the statutory estate of a deceased wife to the payment of a debt contracted during coverture, for the purchase of articles, of comfort and support of the household and family, and for which the husband would be liable at common law, by suit against the executor of the deceased wife alone.
The liability of the separate estate of the wife to such debts is purely statutory. The only judgment which the statute authorizes, so far as it affects the estate of the wife, must be founded on proceedings against the husband and…
2Cases cited2 opinions
- O'Connor v. ChamberlainSupreme Court of Alabama · 1877
- Rodgers' Adm'r v. BrazealeSupreme Court of Alabama · 1859
3Cited by2 opinions
- Bonham v. LoebSupreme Court of Alabama · 1894
- Bullock-McCall-McDonnell Electric Co. v. ColemanSupreme Court of Alabama · 1902