Harrison v. Boyd
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before the Hon. E. W. Pettus. This action was brought by Mrs. Lucy A. Harrison, widow of Reuben Harrison, deceased, against William E. Boyd, the administrator of said Reuben Harrison, “ to recover the sum of $2,000, for the rent of the plantation on which the said Reuben Harrison most usually resided next before his death, from the 29th May, 1854, when said Reuben departed this life, up to the 16th January, 1857, the day on…
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Appeal from the Circuit Court of Dallas. Tried before the Hon. E. W. Pettus. This action was brought by Mrs. Lucy A. Harrison, widow of Reuben Harrison, deceased, against William E. Boyd, the administrator of said Reuben Harrison, “ to recover the sum of $2,000, for the rent of the plantation on which the said Reuben Harrison most usually resided next before his death, from the 29th May, 1854, when said Reuben departed this life, up to the 16th January, 1857, the day on which plaintiff’s dower in said plantation was set apart.” The defendantpleaded, “in short by consent— 1st, von assumpsit;…
1Opinion of the CourtStone, J.
It is settled by an array of authorities, too-strong to be questioned, that marriage is a valuable consideration ; and that the respective rights and claims of the husband and wife, in and upon each other’s property owned at the time of marriage, stand on the, same principle as the rights of other purchasers for value. — Huston v. Cantril, 11 Leigh, 136; Magniac v. Thompson, 7 Peters, 348; Barr v. Hill, Addison, 276; Ramsay v. Joyce, 1 McMillan’s Eq. 236; 1 Parsons on Con. 357; Sterry v. Arden, 1 John. Ch. 261; Whelan v. Whelan, 3 Cow. 537.
It is also settled that, in the absence of an express…
2Cases cited8 opinions
- Hollingsworth Magniac v. ThompsonSupreme Court of the United States · 1833
- Chamberlain v. GaillardSupreme Court of Alabama · 1855
- Whelan v. WhelanNew York Supreme Court · 1824
- Collins v. TorryNew York Supreme Court · 1810
- Lyon v. KnottMississippi Supreme Court · 1853
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3Cited by3 opinions
- King v. KingSupreme Court of Alabama · 1878
- Clancy v. StephensSupreme Court of Alabama · 1890
- Mattox v. FeaganSupreme Court of Alabama · 1876