Pinkston v. McLemore
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. Wade Keyes. The bill in this case was filed by Mrs. Matilda S. Pink-ston, suing by her next friend, against James K. Pink-ston, her husband, Moses MeLemore, andKebecca Smith; and sought to enjoin the two last named defendants from further proceedings at law, to subject to the satisfaction of their several judgments against said James K. Pink-ston, certain slaves and other personal property in which…
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. Wade Keyes. The bill in this case was filed by Mrs. Matilda S. Pink-ston, suing by her next friend, against James K. Pink-ston, her husband, Moses MeLemore, andKebecca Smith; and sought to enjoin the two last named defendants from further proceedings at law, to subject to the satisfaction of their several judgments against said James K. Pink-ston, certain slaves and other personal property in which complainant claimed a separate estate. It alleged, in substance, that Mrs. Pinkston made an agreement with her said husband, in…
1Opinion of the CourtWalker, J.
— The complainant claims to have made a contract, in 1839 or 1840, with her husband, whereby she was to have a separate estate in the earnings of herself and four domestic servants, and out of them defray the family expenses. The earnings of a married woman belong to the husband. He may, by contract with her for a consideration, or by gift, invest her with a separate estate in her earnings, which will be maintained in equity against the husband and his representatives; but such separate estate, created by gift, can not be valid against existing creditors, for the same reason which avoids…
2Cases cited3 opinions
- Pinney v. FellowsSupreme Court of Vermont · 1843
- Barron v. BarronSupreme Court of Vermont · 1852
- Neufville v. ThomsonNew York Court of Chancery · 1837
3Cited by20 opinions
- Patton v. BeecherSupreme Court of Alabama · 1878
- Bates v. MorrisSupreme Court of Alabama · 1893
- Fearn v. WardSupreme Court of Alabama · 1886
- McCrory v. DonaldSupreme Court of Alabama · 1915
- McLemore v. NuckollsSupreme Court of Alabama · 1861
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