Legal Opinion

Hunt v. White

Texas Supreme Court

Decided July 1, 1859PublishedCited by 80 opinions

Error from Jackson. Tried below before the Hon. Fielding Jones. This suit was commenced in the County Court, on the 31st of May, 1853, by a petition filed by James, Robert, and Thomas Bracken, Jane Boyd and Moses Boyd her husband, Elizabeth Kays and William Kays her husband, Abigail M‘Gahey and Samuel M'Gahey her husband, (the said Thomas, James, Robert, Jane, Elizabeth and Abigail, being brothers and sisters, and heirs at law of William Bracken, deceased;) Mourning Vice, as…

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Error from Jackson. Tried below before the Hon. Fielding Jones. This suit was commenced in the County Court, on the 31st of May, 1853, by a petition filed by James, Robert, and Thomas Bracken, Jane Boyd and Moses Boyd her husband, Elizabeth Kays and William Kays her husband, Abigail M‘Gahey and Samuel M'Gahey her husband, (the said Thomas, James, Robert, Jane, Elizabeth and Abigail, being brothers and sisters, and heirs at law of William Bracken, deceased;) Mourning Vice, as guardian of his minor children, by Polly his late wife, who was another sister and heir at law of William Bracken,…

1Opinion of the CourtWheeler, C. J.

It is not questioned, that by the law of this' state, in order to effectuate the manumission of a slave by will, provision must be made for the removal of the slave out of the state. This was the conclusion deduced from an examination of our constitution and laws upon this subject, in the case of Purvis v. Sherrod, 12 Texas Rep. 140; and its correctness is not controverted. A re-examination of that question is therefore unnecessary. And it results, that there cannot be, in this state, an implied manumission of a slave, in any of the modes known to the civil law, or the laws of those states…

2Cases cited1 opinion

  1. Purvis v. SherrodTexas Supreme Court · 1854

3Cited by80 opinions

  1. Huffman v. HuffmanTexas Supreme Court · 1960
  2. Stewart v. SelderTexas Supreme Court · 1971
  3. Cleveland v. ClevelandTexas Supreme Court · 1896
  4. Federal Land Bank v. LittleTexas Supreme Court · 1937
  5. Jackson v. TemplinTexas Commission of Appeals · 1933

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