Powell v. Olds
Supreme Court of Alabama
Error to the Circuit Court of Dallas. Trover, by the defendant, against the plaintiff in error, for a negro girl. From a bill- of exceptions, it appears, that the plaintiff intermarried with the defendant’s daughter, in August, 1840, and about the last of January, 1841, went to housekeeping, about which time the defendant sent to then new residence, three slaves, Daniel, Susan and Amanda, the last only being in controversy.
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Error to the Circuit Court of Dallas. Trover, by the defendant, against the plaintiff in error, for a negro girl. From a bill- of exceptions, it appears, that the plaintiff intermarried with the defendant’s daughter, in August, 1840, and about the last of January, 1841, went to housekeeping, about which time the defendant sent to then new residence, three slaves, Daniel, Susan and Amanda, the last only being in controversy. The slaves remained with the plaintiff until August, 1841, when the girl accompanied the wife of plaintiff to her father’s house, where she died, and the girl, Amanda, has…
1Opinion of the CourtOrmond, J.
We think the decision made by this court in Olds v. Powell, 7 Ala. 652, determines most, if not all the questions of evidence raised upon this record. That case, and this, arise out of the same transaction. In both, the question is, what did the father intend, when the slaves were sent home to the son-in-law? Did he design to make an absolute, or a qualified gift ? To ascertain this fact, it was decided, that the declarations of the father-in-law, at, or about the time, explanatory of his intention, was competent testimony. It was not intended to limit the period of making these declarations,…
2Cases cited1 opinion
- Olds v. PowellSupreme Court of Alabama · 1845
3Cited by14 opinions
- Jones v. BellSupreme Court of Alabama · 1917
- Ickes v. IckesSupreme Court of Pennsylvania · 1912
- Gillespie's Adm'r v. BurlesonSupreme Court of Alabama · 1856
- Easly v. DyeSupreme Court of Alabama · 1848
- Thomas Furnace Co. v. CarrollSupreme Court of Alabama · 1920
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