Cheatham v. Newman

Supreme Court of Alabama

Cheatham v. Newman

59 Ala. 547

CourtSupreme Court of Alabama

DecidedDecember 15, 1877

StatusPublished

Cited by1 cases

This text of 59 Ala. 547 (Cheatham v. Newman) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cheatham v. Newman, 59 Ala. 547 (Ala. 1877).

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Opinion

STONE, J.—

The record of recovery against the husband-was not evidence against the wife’s separate estate that the items composing the account were for articles of comfort and support of the household, &c. Nor did such recovery preclude proof that the account had been paid in whole or in part.—McMillan v. Hurt, 35 Ala. 665, and other authorities cited by appellant.

A change of investment of the wife’s estate, between the purchase and the motion to condemn such substituted estate for a debt for which the separate estate is liable, is no defense to the motion.

Reversed and remanded.

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STONE, J.—

The record of recovery against the husband-was not evidence against the wife’s separate estate that the items composing the account were for articles of comfort and support of the household, &c. Nor did such recovery preclude proof that the account had been paid in whole or in part.—McMillan v. Hurt, 35 Ala. 665, and other authorities cited by appellant.

A change of investment of the wife’s estate, between the purchase and the motion to condemn such substituted estate for a debt for which the separate estate is liable, is no defense to the motion.

Reversed and remanded.

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Bluebook (online)

59 Ala. 547, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cheatham-v-newman-ala-1877.

Opinion

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