Newman v. James
Supreme Court of Alabama
Error to the Chancery Court of Monroe. The bill, which was filed by the plaintiff in error, alledges that one William Hollinger, on the 22d December, 1843, being the owner of certain slaves, by deed of that date, made a gift of them to her, for her sole and separate use, and intended so to express it in the deed, and so directed the deed to be drawn, but which was unskilfully drawn, and because the intentions of said Hollinger were not set forth, does not clearly express the…
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Error to the Chancery Court of Monroe. The bill, which was filed by the plaintiff in error, alledges that one William Hollinger, on the 22d December, 1843, being the owner of certain slaves, by deed of that date, made a gift of them to her, for her sole and separate use, and intended so to express it in the deed, and so directed the deed to be drawn, but which was unskilfully drawn, and because the intentions of said Hollinger were not set forth, does not clearly express the intention of Hollinger, to give her a separate estate; and avers that no consideration passed from her husband to…
1Opinion of the CourtOrmond, J.
The first deed made by Hollinger, conveys the slaves, and other property, to Mrs. Newman, “ to her and her heirs, to have and to hold the same, to and for her use, benefit, and right, and of the heirs aforesaid, without let, hindrance, or molestation whatever.” In our judgment, these words clearly indicate the intention, to create a separate estate in the wife. The most appropriate language to employ, in the creation of such an estate, is “ to her sole and separate use j” these have an established technical meaning, indicating with legal certainty, the character of the es*32tate intended to be…
2Cases cited4 opinions
- Swift v. FitzhughSupreme Court of Alabama · 1839
- O'Neil v. TeagueSupreme Court of Alabama · 1845
- M'Cutchen's Adm'rs v. M'CutchenSupreme Court of Alabama · 1839
- Myers v. Peek's AdministratorSupreme Court of Alabama · 1841
3Cited by12 opinions
- Wells v. American Mortgage Co. of Scotland, Ltd.Supreme Court of Alabama · 1895
- Jones v. DeyerSupreme Court of Alabama · 1849
- Thomason v. DillSupreme Court of Alabama · 1857
- Turner v. KellySupreme Court of Alabama · 1881
- Williams v. MaullSupreme Court of Alabama · 1852
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