Reports of Cases Argued And Determined in the Supreme Court of Louisiana
Reports of Cases Argued And Determined in the Supreme Court of Louisiana
Louisiana Supreme Court, Merritt M . Robinson, Louisiana Court of Errors And Appeals
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2 Kent, 161 et seq. As the common law prevails in Alabama, the general principle obtains there, that a married woman cannot possess personal property independently of the husband, except when a trust is created for her sole benefit. The deed of trust aforesaid, created a separate estate for Mrs. Brown ; and her husband, as trustee, could not reduce the personal property of the wife into his possession, so as to make it his own, for as he got possession of her property as trustee, he could not c...hange the nature of his tenure of the same, and if he should sell it, when he was the trustee of his wife, he would hold the proceeds, as trustee, and not as owner. The evidence shows that the defendant was entitled to the slaves, of which she was decreed to be the owner by the judgment of separation, and also to a claim for personal property belonging to her, and received by her husband. The debt of plaintiff originated in the State of Louisiana, and several years after the execution of the deed of trust in Alabama, and the delivery of the pro- perty of the defendant to her husband as trustee.
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