Thompson v. Drake
Supreme Court of Alabama
[DETINUE FOE. SLATES BY HUSBAND AGAINST WIFE’S TRUSTEE.] Appeal from the Circuit Court of Madison. Tried before the Hon. Thos. A. Walker. This action was brought by Geo. W. Thompson against John C. Drake, to recover certain slaves which the plaintiff had conveyed to said Drake, as trustee of Mrs. Francis Thompson, who was plaintiff’s wife.
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[DETINUE FOE. SLATES BY HUSBAND AGAINST WIFE’S TRUSTEE.] Appeal from the Circuit Court of Madison. Tried before the Hon. Thos. A. Walker. This action was brought by Geo. W. Thompson against John C. Drake, to recover certain slaves which the plaintiff had conveyed to said Drake, as trustee of Mrs. Francis Thompson, who was plaintiff’s wife. The defendant pleaded the general issue, and several special pleas setting up the deed from plaintiff; and to these special pleas the plaintiff replied fraud and duress in the execution of the deed. All the errors assigned relate to the rulings of the court…
1Opinion of the CourtWalker, J.
It is proper that we confine our attention in this case to the exclusion of evidence offered by the appellant, for the assignments of error present no other matter for our consideration.
The plaintiff was seeking to recover slaves which he had conveyed to the defendant, in trust for the separate use of Ms wife, during her natural life. One of the issues *101in the case was, whether that deed was procured by duress. The plaintiff proved, that an agreement was made, before the date of the deed, between his wrife and defendant, to the effect that the latter “ should pursue the plaintiff’ and if he…
2Cases cited14 opinions
- Roberts v. TrawickSupreme Court of Alabama · 1848
- Swift v. FitzhughSupreme Court of Alabama · 1839
- Morris v. HarveySupreme Court of Alabama · 1842
- Creagh v. SavageSupreme Court of Alabama · 1846
- King v. PopeSupreme Court of Alabama · 1856
9 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Henry v. Murphy & Co.Supreme Court of Alabama · 1875
- Dunn v. PoncelerSupreme Court of Alabama · 1937
- First National Bank v. Farmers & Merchants National BankIndiana Supreme Court · 1908
- Davidson v. BrownSupreme Court of Alabama · 1926
- Brown v. HunterSupreme Court of Alabama · 1898
13 more not listed; retrieve them via the Exa API.