Jenkins v. McConico
Supreme Court of Alabama
Appeal from the Circuit Court of Sumter. Tried before tlie Hon. Alex. B. Clitherall. Trover (under the Code) by tbe appellee, as administrator of Mrs. Janette Jenkins, deceased, against her husband, Richard Jenkins, for the conversion of twenty-one slaves, which the plaintiff claimed, as the separate property of his intestate, under a deed of gift from her father.
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Appeal from the Circuit Court of Sumter. Tried before tlie Hon. Alex. B. Clitherall. Trover (under the Code) by tbe appellee, as administrator of Mrs. Janette Jenkins, deceased, against her husband, Richard Jenkins, for the conversion of twenty-one slaves, which the plaintiff claimed, as the separate property of his intestate, under a deed of gift from her father. John Williams, of which the following is a copy : “ I, John Williams, of the county of Henrico, and State of Virginia, for the great love and affection I bare for my daughter Janett Jenkins, now the wife of Richard Jenkins, I give…
1Opinion of the CourtChilton, C. J.
—We shall first ascertain the legal effect of the deed from John Williams to his daughter Janette Jenkins. Did it vest in her a separate property in the slaves therein mentioned? We are satisfied, upon a careful analysis of the vvhole instrument, that such was the'intention of the grantor, and that according to the construction of such instruments by the courts of Virginia where the deed was made, such was its legal effect there at the time of its execution. It is manifest from the face of it that it was drawn by an illiterate and inexperienced draftsman, and such instruments should not be…
2Cases cited12 opinions
- Jaques v. Trustees of the Methodist Episcopal ChurchCourt for the Trial of Impeachments and Correction of Errors · 1820
- Dyett v. North American Coal Co.New York Supreme Court · 1838
- Lowremore v. BerrySupreme Court of Alabama · 1851
- McCroan v. PopeSupreme Court of Alabama · 1850
- Pollard v. MerrillSupreme Court of Alabama · 1849
7 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Sanford v. Alabama Power Co.Supreme Court of Alabama · 1951
- Loeb & Brother v. Flash Bros.Supreme Court of Alabama · 1880
- Burks v. HubbardSupreme Court of Alabama · 1881
- Morrison v. WilsonCalifornia Supreme Court · 1859
- Long v. HoldenSupreme Court of Alabama · 1927
22 more not listed; retrieve them via the Exa API.