Puryear v. Puryear
Supreme Court of Alabama
Error to the Circuit Court of Monroe. Tried before the Hon. John Bragg. Detinue by the plaintiff as executor of Alexander B. Pur-year, deceased, to recover of the defendant in error, who is the widow of his testator, slaves Sarah, Anna and Harriet, and her four children.
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Error to the Circuit Court of Monroe. Tried before the Hon. John Bragg. Detinue by the plaintiff as executor of Alexander B. Pur-year, deceased, to recover of the defendant in error, who is the widow of his testator, slaves Sarah, Anna and Harriet, and her four children. On the trial a bill of exceptions was sealed at the instance of the plaintiff, from which it appears that in 1833, Alexander B. Puryear, deceased, and his wife, the defendant, removed from Virginia and settled in Monroe county, bringing with them the slaves Anna and Harriet, and that they remained in their possession until…
1Opinion of the CourtCollier, C. J.
In Hoot, et al. v. Sorrell, et al. 11 Ala. Rep. 386, it was held that the profits derived by the wife from her separate estate are her property, and may be disposed of or invested by her as she pleases; and property which she acquires by purchase with her income is not subject to the payment of the husband’s debts, especially if she has not allowed it to go into his hands, or be subject to his control. It has been supposed that a wife may sell her separate estate to her husband, may use it in making a purchase from him, and that such a purchase will be protected against his creditors. *489Clancey…
2Cases cited5 opinions
- Shepard v. ShepardNew York Court of Chancery · 1823
- Trustees of Methodist Episcopal Church v. JaquesNew York Court of Chancery · 1817
- Hoot v. SorrellSupreme Court of Alabama · 1847
- Puryear v. PuryearSupreme Court of Alabama · 1847
- Puryear v. BeardSupreme Court of Alabama · 1848
3Cited by7 opinions
- Jenkins v. McConicoSupreme Court of Alabama · 1855
- Munford v. PeeplesSupreme Court of Georgia · 1921
- Ruffin v. ParisSupreme Court of Georgia · 1885
- Bolling v. MockSupreme Court of Alabama · 1860
- Knight v. BellSupreme Court of Alabama · 1853
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