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46 Ala. 460

Hall v. Creswell

Supreme Court of Alabama

Decided June 15, 1871

Supreme Court of Alabama · decided 1871-06-15

Tried before Hon. P. O. Harper. The complaint in this case was as follows : “Lydia Oreswell > The plaintiff, a married woman; and vs. > wife of William H. Cresswell, claims R. 0. Hall. ) of defendant $91.80, due by account for money loaned to him by plaintiff in the year 1860, with interest thereon.

Decided 1871-06-15

B. E. SAEEOLD, J.

¶1Section 2375 of the Eevised Code authorizes a husband to receive property coming to his wife, or to which she is entitled, and makes his receipt therefor a full discharge in law and equity. Section 2372 vests in him as her trustee her separate statutory estate, with the right to manage and control the same without accountability to her for the rents, income and profits thereof. The wife can not, therefore, divest her husband of his authority as her trustee over her property by a con*462tract with one to whom she lends money, that he is to pay it back to her and not to her husband, he not being a party to the agreement.

¶2The judgment is reversed and the cause remanded.

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