Friend v. Oliver
Supreme Court of Alabama
Appeal from the Circuit Court of Greene. Tried before the Hon. Edmund W. Pettus. This action was brought by the appellant, Mrs. Anne V. Friend, the wife of John G. Friend, against William C. Oli-' ver, for the recovéry of fifty-eight bales of cotton and three thousand pounds of seed cotton, which the defendant, as sheriff of said county, bad taken under sundry executions against said John G. Friend.
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Appeal from the Circuit Court of Greene. Tried before the Hon. Edmund W. Pettus. This action was brought by the appellant, Mrs. Anne V. Friend, the wife of John G. Friend, against William C. Oli-' ver, for the recovéry of fifty-eight bales of cotton and three thousand pounds of seed cotton, which the defendant, as sheriff of said county, bad taken under sundry executions against said John G. Friend. Tbe trial was bad on issues joined on tbe pleas of tbe general issue and justification under legal process. ' Tbe evidence set out in tbe bill of exceptions shows that tbe plaintiff is tbe…
1Opinion of the CourtGoldthwaite, J.
The plaintiff below bases her right to recover the cotton sued for, as being the product of slaves in which she had a separate estate; and this estate was created, either by the will of Henry Minor, or by the will of Mrs. Minor. In this aspect, it is entirely immaterial whether Mrs. Minor took an absolute interest under the will of her husband, or whether she took a life estate with a power of appointment in favor of the children. If she took the first, she had the right to bequeath the slaves to the separate use of the legatee ; and if the last, the power was properly executed by will…
2Cited by9 opinions
- Smith v. Tallassee Branch of Central Plank-Road Co.Supreme Court of Alabama · 1857
- Pickens v. OliverSupreme Court of Alabama · 1858
- Cannon v. TurnerSupreme Court of Alabama · 1858
- Fowlkes v. Memphis & Charleston RailroadSupreme Court of Alabama · 1862
- Willis v. CadenheadSupreme Court of Alabama · 1856
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