Crocker v. Clements' Adm'r
Supreme Court of Alabama
Error to the Chancery Court of Mobile. Heard before the Hon. J. W. Lesesne. This proceeding was commenced on the 16th May, 1851, by bill in equity, filed by Henry W. Clements, administrator of Joshua Clements, and after his removal from the office of administrator, revived in the name of Tlios.
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Error to the Chancery Court of Mobile. Heard before the Hon. J. W. Lesesne. This proceeding was commenced on the 16th May, 1851, by bill in equity, filed by Henry W. Clements, administrator of Joshua Clements, and after his removal from the office of administrator, revived in the name of Tlios. T. Bolling, the administrator de bonis non, against the plaintiffs in error, on the 24th day of November, 1851. The case substantially made by the record is, that Mary E., the wife of Crocker, then Mary E Kellogg, in 1880, while sole and under age, exhibited her bill by her next friend in the chancery…
1Opinion of the CourtChilton, C. J.
1. We shall first examine the questions raised upon the demurrer to the bill. It is insisted that the demand sought to be recovered is legal merely, and constitutes no charge upon the separate estate of Mrs. Crocker, but is recoverable at law, by suit against husband and wife, out of the effects of the husband; that, being the debt of Mrs. Crocker dura sola, it became the debt of her husband upon the marriage, and no longer hers, and that it therefore constitutes no charge upon the estate which is secured to her sole and separate use by the marriage contract. It is further contended that the…
2Cases cited3 opinions
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