Janney v. Buell
Supreme Court of Alabama
Appeal from tbe Chancery Court at Montgomery. Heard before tbe Hon. H. Austill. Tbe bill in tbis §ase was filed by tbe appellant, on tbe 8th February, 1873, and sought to subject a certain bouse and lot in tbe city of Montgomery, alleged to belong to Mrs. Sallie A. Buell, one of tbe defendants, as her statutory separate estate, to tbe payment of a judgment which the complainant bad obtained, before a justice of tbe peace, against James Buell, .her husband and co-defendant;…
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Appeal from tbe Chancery Court at Montgomery. Heard before tbe Hon. H. Austill. Tbe bill in tbis §ase was filed by tbe appellant, on tbe 8th February, 1873, and sought to subject a certain bouse and lot in tbe city of Montgomery, alleged to belong to Mrs. Sallie A. Buell, one of tbe defendants, as her statutory separate estate, to tbe payment of a judgment which the complainant bad obtained, before a justice of tbe peace, against James Buell, .her husband and co-defendant; on tbe ground that tbe judgment was founded on a debt for necessaries, for which tbe wife’s statutory separate estate was…
1Opinion of the Court
BRICKELL, C. J. —
The appellees are husband and wife, residing in this State, and the wife has a statutory separate estate in lands. The appellant has a debt, the consideration of which is necessaries, or “ articles of comfort and support of the household, suitable to the degree and condition in life of the family, and for which the husband would be responsible at common law.” For this debt, in an action against the husband alone, the appellant recovered judgment before a justice of the peace, on which execution was issued, and returned not satisfied. Thereupon, the appellant, under the…
2Cases cited6 opinions
- Durden v. McWilliamsSupreme Court of Alabama · 1858
- Ravisies v. Stoddart & Co.Supreme Court of Alabama · 1858
- Rodgers' Adm'r v. BrazealeSupreme Court of Alabama · 1859
- Childress v. Mann & Co.Supreme Court of Alabama · 1858
- Gunn v. Samuel's Adm'rSupreme Court of Alabama · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Chandler v. HannaSupreme Court of Alabama · 1882
- Henderson v. Ala. Gold Life InsuranceSupreme Court of Alabama · 1882
- Phillips v. Ash's Heirs & Adm'rsSupreme Court of Alabama · 1879
- Gabriel v. MullenSupreme Court of Missouri · 1892
- Russell v. International Union, United Automobile, Aircraft & Agricultural Implement WorkersSupreme Court of Alabama · 1953
15 more not listed; retrieve them via the Exa API.