Skinner v. Chapman
Supreme Court of Alabama
Appeal from the Chancery Court of Marengo. Heard before the Hon. Thomas Cobbs. The bill in this casp was filed on the 30th August, 1882. by the children of Thomas Taylor, deceased, by his first wife, the husbands of the married daughters-being joined as parties with their wives, against the personal representative and children of his second wife, Mrs. Louisa Taylor, who survived him; and sought, principally, to have the complainants’ rights declared and established in a…
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Appeal from the Chancery Court of Marengo. Heard before the Hon. Thomas Cobbs. The bill in this casp was filed on the 30th August, 1882. by the children of Thomas Taylor, deceased, by his first wife, the husbands of the married daughters-being joined as parties with their wives, against the personal representative and children of his second wife, Mrs. Louisa Taylor, who survived him; and sought, principally, to have the complainants’ rights declared and established in a certain tract of land, which contained about 250 acres, and which was the homestead of the deceased at the time of his…
1Opinion of the CourtSomerville, J.
We have often held that section 2892 of the present Code (1876), which provides that a married woman “must sue or be sued alone, when the suit relates, to her separate estate,” applies only to actions at law, and has no reference to suits in equity. — Sawyers v. Baker, 72 Ala. 49 ; Sims v: National Com. Bank, 73 Ala. 248. The husbands of the two married women were properly joined with them, therefore, as complainants.
The complainant, J. D. Skinner, was not a competent witness, as to any transaction with or statement by the decedent, Mrs. Louisa Taylor, which transpired during-her life-time,…
2Cases cited11 opinions
- Moore v. StateSupreme Court of Alabama · 1882
- Slaughter v. Doe ex dem. Swift, Murphy & Co.Supreme Court of Alabama · 1880
- Goodlett v. KellySupreme Court of Alabama · 1883
- Irwin v. BaileySupreme Court of Alabama · 1882
- Turnipseed v. FitzpatrickSupreme Court of Alabama · 1883
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3Cited by5 opinions
- McGregor v. McGregorSupreme Court of Alabama · 1947
- Bynum v. FrederickSupreme Court of Alabama · 1886
- O'Rear v. JacksonSupreme Court of Alabama · 1899
- Askew v. RenfroeSupreme Court of Alabama · 1886
- Snellgrove v. EvansSupreme Court of Alabama · 1910