Turner v. Fenner
Supreme Court of Alabama
Error to the Circuit Court of Lawrence. Tried before the Hon, Thomas A- Walker. This was an action of detinue for the recovery of two slaves, instituted against Turner, in October, 1847, by Joseph F. Fen»her, Thomas B. Fenner, Julius Johnson- and Mary, his wife-,» formerly Mary Fenner, and Thomas Bv Fenner,- who- sues as next friend for Richard H.,- Margaret E., Ann- M.- and Lucy M. Fenner, minors under the age of twenty-one.- The plaintiffs claimed under the will of John-…
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Error to the Circuit Court of Lawrence. Tried before the Hon, Thomas A- Walker. This was an action of detinue for the recovery of two slaves, instituted against Turner, in October, 1847, by Joseph F. Fen»her, Thomas B. Fenner, Julius Johnson- and Mary, his wife-,» formerly Mary Fenner, and Thomas Bv Fenner,- who- sues as next friend for Richard H.,- Margaret E., Ann- M.- and Lucy M. Fenner, minors under the age of twenty-one.- The plaintiffs claimed under the will of John- Howson,- which they proved had been duly executed and admitted to probate in Halifax- county,North Carolina, where the…
1Opinion of the CourtParsons, J.
This case has been argued upon our statute .of frauds. The counsel for the plaintiff in error does not contend that there is any difference under that statute, between wills and deeds, in respect to the necessity of registration in this ¡State. But he contends that if the property be brought into this State by a tenant for life holding under a deed, or a will, made beyond this State, the same must be recorded here according to tho statute, as if the will or the deed had been made here, and the property conveyed had been here. The substance •of his argument is, that the statute operates upon…
2Cases cited3 opinions
- Adams v. BroughtonSupreme Court of Alabama · 1848
- Lyde v. TaylorSupreme Court of Alabama · 1850
- Catterlin v. HardySupreme Court of Alabama · 1846
3Cited by8 opinions
- Castleman v. JeffriesSupreme Court of Alabama · 1877
- Hoglan v. MooreSupreme Court of Alabama · 1929
- Culp v. PriceSupreme Court of Iowa · 1899
- Nelson v. Goree'r Adm'rSupreme Court of Alabama · 1859
- McCoy v. OdomSupreme Court of Alabama · 1852
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