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59 Ala. 547

Cheatham v. Newman

Supreme Court of Alabama

Decided December 15, 1877

Supreme Court of Alabama · decided 1877-12-15

Tried before the Hon. Walter H. Crenshaw. At the February term, 1874, of the Criminal Court of .Butler county, the following motion was heard and determined, viz.: “ To Mrs. Nancy T. Cheatham, wife of Peter PL.

Cited by 1 later decisions — most recently December 1881

1 state decisions

Relies on McMillan v. Hurt

Good law ✅— No negative treatment on recordhow we know

Decided 1877-12-15

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STONE, J.—

¶1The 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.

¶2A 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.

¶3Reversed and remanded.

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