Public-domain · open source
OpenJurist

57 Ala. 90

Williams v. Auerbach

Supreme Court of Alabama

Decided December 15, 1876

Supreme Court of Alabama · decided 1876-12-15

Tried before Hon. H. D. Clayton. The appellee, Mrs. Mary Williams, brought trover against Auerbach for the conversion of certain cattle, constituting part of the corpus of her statutory estate. The case was tried ou an agreed state of facts, subject to exception to its competency and relevancy.

Relies on Drake v. Glover · Warfield v. Ravesies · Whitman v. Abernathy

Good law ✅— No negative treatment on recordhow we know

Decided 1876-12-15

How this case has been cited

Cited by 8 later decisions — most recently November 1898

8 state decisions

50187618801890decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

STONE, J.

¶1Under the uniform rulings of this court, and by the very terms of the statute, we feel constrained to reverse the ruling of the circuit court in this cause. All our ’ decisions hold that a sale of the corpus of the wife’s statutory separate estate is void, unless it be in writing, signed by *92husband and wife, and attested or acknowledged as required by law. — Eevised Code, §§ 2373, 1552; Drake v. Glover, 30 Ala. 382; Whitman v. Abernathy, 33 Ala. 154; Canty v. Sanderford, 37 Ala. 92; Alexander v. Saulsbury, id. 376; Warfield v. Ravesies, 38 Ala. 521.

¶2Eeversed and remanded.

/57/ala/90 · .json · Public domain