33 Ala. 454 | Ala. | 1859
Under our statutes, the rights of married women are greater than they were under the common law. By our statutes, all the property of the wife, held by her previous to her marriage, or which she may become entitled to after the marriage, in any manner, is her separate estate, and not subject to the payment of the debts of her husband. Property thus belonging to her vests in her husband, as- her trustee, who is not required to account with her for its rents, income or profits; but such rents, income, and profits are not subject to the payment of the debts of her husband. The property of the wife, or any part thereof, may be sold by the husband and wife, and conveyed by them jointly, by instrument of writing, attested by two witnesses ; but the proceeds of such sale is the separate estate of the wife, &c.—Code, §§ 1982, 1985.
Governed as we must be by these statutory provisions, and disregarding the common law in so far as it conflicts with them, we are unable to say from the answer of the garnishee, that the debt which the garnishee therein
To sustain the judgment against the garnishee, on the answer set forth in this record, would be to make the
It appears that the garnishee has died since he answered. The plaintiff cannot, therefore, obtain any further answer; nor can he now contest the answer.—Code, § 2546. No good can result to the plaintiff from remanding the cause generally.
The judgment of the court below is erroneous, and is reversed; and the cause is remanded, with directions to the circuit court to enter the proper judgment against the plaintiff, and in favor of the administrator of the garnishee. The plaintiff (who is the appellee) must pay the costs of the appeal.