Williams v. Maull
Supreme Court of Alabama
Error to the Chancery Court of Lowndes. Tried before the Hon. J. W. Lesesne. This was a bill filed by the widow of James Maull, deceased, against his administrator, to enjoin an action of detinue brought by the latter against her, to recover divers negro slaves which she claims as her separate property. The nature of her claim, and so much of the proof as is necessary to a proper understanding of the points decided, will be found in the opinion of the court.
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Error to the Chancery Court of Lowndes. Tried before the Hon. J. W. Lesesne. This was a bill filed by the widow of James Maull, deceased, against his administrator, to enjoin an action of detinue brought by the latter against her, to recover divers negro slaves which she claims as her separate property. The nature of her claim, and so much of the proof as is necessary to a proper understanding of the points decided, will be found in the opinion of the court. I. As to the slaves claimed under the will of Philip Grivhan. 1. These slaves went into the possession of James Maull upon his marriage…
1Opinion of the CourtChilton, J.
To facilitate our inquiries, we shall consider the slaves, the title to which is litigated, under two classes: First, Those claimed under the will of Philip Griv-han; Second, Those acquired by purchase in the wife’s name,
Mrs. Maull insists, that a separate estate in the slaves mentioned in the will, was vested in her by its provisions, and of this opinion was the Chancellor. Let us first examine this proposition, which is strongly contested by the plaintiff in error.
The clause in the will under which said slaves are claimed is as follows: “ I give and bequeath to my daughter, Mary Maull,…
2Cases cited11 opinions
- Hallett v. ThompsonNew York Court of Chancery · 1836
- Flinn v. DavisSupreme Court of Alabama · 1850
- Rugely v. RobinsonSupreme Court of Alabama · 1846
- Carleton & Co. v. BanksSupreme Court of Alabama · 1844
- O'Neil v. TeagueSupreme Court of Alabama · 1845
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Seals v. Robinson & Co.Supreme Court of Alabama · 1883
- Irwin v. BaileySupreme Court of Alabama · 1882
- McWilliams v. RamsaySupreme Court of Alabama · 1853
- Andrews v. AndrewsSupreme Court of Alabama · 1856
- Crabb's Administrator v. ThomasSupreme Court of Alabama · 1854
10 more not listed; retrieve them via the Exa API.