Fleming v. Gilmer
Supreme Court of Alabama
Appeal from the Chancery Court of Tallapoosa. Heard-before the Hon. James B. Clark. The bill in this case was filed on the 9th February, 1858, by Mrs. Harriet C. Fleming, a married woman, suing by her next friend, against her husband, William H. Fleming, their several children, John McKenzie, as executor of Henry C. Spencer, deceased, and Thomas M. Gilmer and wife.
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Appeal from the Chancery Court of Tallapoosa. Heard-before the Hon. James B. Clark. The bill in this case was filed on the 9th February, 1858, by Mrs. Harriet C. Fleming, a married woman, suing by her next friend, against her husband, William H. Fleming, their several children, John McKenzie, as executor of Henry C. Spencer, deceased, and Thomas M. Gilmer and wife. Its material allegations were, in substance, the following: That the complainant and her said husband were married in South Carolina, where they then resided, on the 19th November, 1818 ; that an ante-nuptial contract was executed…
1Opinion of the CourtStone, J.
This case comes before us on a demurrer to the bill, which requires us to regard as true every material averment which the bill contains. — Bobe v. Frowner, 18 Ala. 89; Story’s Eq. PI. § 452.
The complainant concedes in her bill, that she has been out of the possession of the slaves she sues for since the year 1834; a period of twenty-four years, when her bill was filed. She avers, that her trustee, Mr. Spencer, held the property ten years, until he died in 1844; and that Mr. McKenzie, the executor of Mr. Spencer’s will, held the property from the time of the death of Mr. Spencer until a short…
2Cases cited8 opinions
- McArthur v. Carrie's Adm'rSupreme Court of Alabama · 1858
- Brinkerhoff v. BrownNew York Court of Chancery · 1822
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- Blackwell's Adm'r v. Blackwell's DistributeesSupreme Court of Alabama · 1858
- Bryan v. WeemsSupreme Court of Alabama · 1856
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- Parmele v. McGintyMississippi Supreme Court · 1876
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- Love v. LoveSupreme Court of Alabama · 1880
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