Whitman v. Abernathy
Supreme Court of Alabama
Appeal from the Chancery Court of Lowndes. Heard before the Hon. Wade Keyes. This bill was filed by Mrs. Isabella Abernathy, suing by her next friend, against Meredith B. Abernathy, her husband, and James K. Whitman; and sought to recover certain slaves, which the complainant claimed as a part of her separate estate, and which were in the possession ot the defendant Whitman, and to have her husband removed from the trusteeship of her separate estate.
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Appeal from the Chancery Court of Lowndes. Heard before the Hon. Wade Keyes. This bill was filed by Mrs. Isabella Abernathy, suing by her next friend, against Meredith B. Abernathy, her husband, and James K. Whitman; and sought to recover certain slaves, which the complainant claimed as a part of her separate estate, and which were in the possession ot the defendant Whitman, and to have her husband removed from the trusteeship of her separate estate. The facts of the case, as disclosed by the pleadings and proof, are these: The complainant’s marriage with her said husband took place on the…
1Opinion of the Court
STONE, J.—
It isnot rendered necessary, by anything in this record, that we should determine whether a married woman who is a minor, and who has a separate estate created by law, can unite with her husband in a joint deed, and thus convey a valid title to her property. Neither is it necessary to determine whether the failure to prove and record such deed, “ in accordance with the requirements of the laws now in force regulating conveyances of real estate,” invalidates such title. Nor do we now determine whether an adult married woman, having a separate estate created by law, can convey such…
2Cases cited1 opinion
- Durden v. McWilliamsSupreme Court of Alabama · 1858
3Cited by21 opinions
- Jeter v. JeterSupreme Court of Alabama · 1860
- Cook v. Meyer Bros.Supreme Court of Alabama · 1883
- Lee v. TannenbaumSupreme Court of Alabama · 1878
- Warfield v. RavesiesSupreme Court of Alabama · 1863
- Evans v. EnglishSupreme Court of Alabama · 1878
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