Legal Opinion

Stout v. Kinsey

Supreme Court of Alabama

Decided November 15, 1890Published

Appeal from the Circuit Court of Cherokee. Tried before the Hon. John B. Tally. This action was brought by Mrs. Josephine Kinsey, a married woman, against J. T. Stout, to recover a mule colt, which the plaintiff claimed as belonging to her statutory estate, and which her husband had sold to the defendant; and was commenced in a justice’s court, on the 8th of February, 1887. On appeal to the Circuit Court, the court charged the jury, on request, that they must find for the…

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Appeal from the Circuit Court of Cherokee. Tried before the Hon. John B. Tally. This action was brought by Mrs. Josephine Kinsey, a married woman, against J. T. Stout, to recover a mule colt, which the plaintiff claimed as belonging to her statutory estate, and which her husband had sold to the defendant; and was commenced in a justice’s court, on the 8th of February, 1887. On appeal to the Circuit Court, the court charged the jury, on request, that they must find for the plaintiff, if they believed the evidence; and this charge, to which the defendant excepted, is assigned as error. cited…

1Opinion

[In reply to application for rehearing.]

STONE, O. -I.

It is contended that because part — $5—of the purchase-price paid by Stout, was a debt which operated a lien on the mule, Mrs. Kinsey’s husband was authorized to pay that debt with the mule, without her concurrence or assent. Castleman v. Jeffries, 60 Ala. 380, and Gayle v. Marshall, 70 Ala. 522, are relied on in support of this view. In each of these cases, the corjms of the wife’s property was bound for the debt, and the debt was large enough to absorb the entire property used in its payment. In neither case was it shown, or contended,…

2Cases cited2 opinions

  1. Castleman v. JeffriesSupreme Court of Alabama · 1877
  2. Gayle's Adm'r v. MarshallSupreme Court of Alabama · 1881

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