Rainey v. Rainey
Supreme Court of Alabama
Appeal from the Chancery Court at Claiborne. Heard before the Hon. Wade Keyes. The bill in this case was filed by Mrs. Sarah Ann Rainey, suing by her next friend and brother, John J. Olds, against William W. Rainey, her husband; and sought to remove her said husband from the custody and management'of her separate estate, and to enjoin an action at law which he had instituted against said Olds, to recover damages for an alleged conversion of slaves belonging to the…
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Appeal from the Chancery Court at Claiborne. Heard before the Hon. Wade Keyes. The bill in this case was filed by Mrs. Sarah Ann Rainey, suing by her next friend and brother, John J. Olds, against William W. Rainey, her husband; and sought to remove her said husband from the custody and management'of her separate estate, and to enjoin an action at law which he had instituted against said Olds, to recover damages for an alleged conversion of slaves belonging to the complainant’s separate estate. It appears from the allegations of the bill, that the complainant and her said husband were married…
1Opinion of the CourtStone, J.
In this case, the complainant waived a sworn answer, and the defendant put in his answer without affidavit of its truth. In such case, the answer cannot be regarded as evidence, on a motion to dissolve the injunction. — Griffin v. State Bank, 17 Ala. 258. This case, then, must be considered and disposed of on the equities as disclosed by the averments of the bill, without regarding the answer save in the light of pleading.
[2.] If the averments of the bill be true, the slave Joe was purchased by Mrs. Rainey after the woman’s laws of this State became operative; and consequently, Joe is her…
2Cases cited3 opinions
- Roper v. RoperSupreme Court of Alabama · 1856
- Whitman v. AbernathySupreme Court of Alabama · 1858
- Griffin v. State BankSupreme Court of Alabama · 1850
3Cited by6 opinions
- Harden v. Darwin & PulleySupreme Court of Alabama · 1884
- Marsh v. MarshSupreme Court of Alabama · 1869
- Scott v. BrassellSupreme Court of Alabama · 1902
- Guthrie v. QuinnSupreme Court of Alabama · 1869
- Kirksey v. Stewart & LuciusSupreme Court of Alabama · 1863
1 more not listed; retrieve them via the Exa API.