ENPages
Page 2
2 Div Sub June 1, 1869
5217. Filed June 14 1869
4th Div 30. DBBooth Clerk
Thomas McKenna Appellant. vs Martha R. W. McKenna. Appellee.
Appeal from the Chancery Court of the 9th.. District. Eastern Division. at Clayton. Barbour County. Alabama.
Hon. B. B. Mc..Craw. Chancellor, Presiding: January 12th.. 1879. Dismissed.
Thomas McKenna v. Martha R W McKenna
Supreme Court of Alabama June Term 1869. And now comes the said appellant Thomas McKenna by his attorneys, and assigns the following Errors; 1st. The Court below erred in its final decree; 2nd The Court below erred in not dismissing the bill of complaing; 3d. The Court below erred in decreeing that appellant shall no longer have any control over the Estate of his wife, or the rents issues or profits thereof.
Goldthwaite Rice & Semple & Baker. Attys for appellant.
There is no error in the record. T. L. Pugh Atty for Appellee
Page 3
Index. Bill of complaint_______1-4 "Exhibit A." to Bill______4-8 "Exhibit B" to Bill______8-9-10 Fiat____________9-10 Subpoena_________10-11 Injunction Bend_________11-12 Injunction____________12-13 Answer of Thomas McKenna____14-19 Decree Pro confeso________.19. Order allowing answer. {?}.____19-20 Decree__________20-21 Order_________21 Note of testimonoy________23-71 Respondents testimony______71-102 Depositions of Etheridge $ Daniel_ 23-40 Depositions of J. Milton, J.E. Brewer, & M.R.W. McKenna_________40-47 Deposition of D. C. Robinson_____61-71 Deposition of W. H. ThorntonAndrew McKenzie, N. M. Hyatt G. W. Whipple et al. (respondents {?} )_____71-102 order______103 Decree_____103 Certificate & seal 103-104
Page 4
Be it remembered that a Bill of complaint was filed and proceedings had thereon in the Chancery Court at Clayton Barbour County. For the 9th district of the Eastern Chauncery Division of the state of Alabama in words & figures as follows to wit-. Bill. To Hon Nathaniel W. Cocke. Chancellor of the Southern Chancery Division of the state of Alabama at Clayton in Barbour county. Humbly complaining showeth unto your Honor your oratrix Martha R.W. McKenna, who proceeds in this behalf by S. Hubert Dent her next friend. 1. That in the year 1857 she intermarried in the state of Alabama with Thomas McKenna, who is over the age of twenty one years and a citizen of said county. 2. That since her said intermarriage she has become the owner of the following real estate lying in the city of Eufaul in said county. viz. The west half of the west half of lot no. one in Block B fronting on Broad street twenty six feet and three inches and running back two hundred and ten feet to an alley, which is now
Page 5
2 her seperate estate under the code womans law of this state, the legal title thereth being vested in her said husband as her Trustee under said law. 3. That with the knowledge and consent of her said husband she made and executed with the parties therein named the written contract, a copy of which is hereth attached marked Exhibit A and made a part of this Bill with leave asked to prove the execution of the original at the hearing if neccesary. 4. That her said husband acting as her trustee aforesaid made and executed with the parties therein named the contract a copy of which is hereto attached marked "Exhibit B" and made part of this Bill with leave asked to prove the execution of the original at due hearing, if neccesary. 5. That for years past her said husband has been the victim of habitual drunkennes, therby rendering himself wholly incompetent to discharge the duties of her said Trustee; & at the present time, by continual excessive intemperance he is unfit to manage and control an estate; or in any respect to act as said Trustee under the said law.
