May v. May
Supreme Court of Florida
Appeal from a decree of the Circuit Court of the Middle Circuit for Jefferson County, sitting in Chancery. On the first day of May, 1828, Burwell McBride, of South Carolina, executed a deed of trust to certain trustees, conveying to them certain negroes therein named, subject to the following among other trusts, viz: “ for the use of his daughter Caroline McBride, during her natural life, and in case she should marry, then in trust to and for the use of the said .Caroline…
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Appeal from a decree of the Circuit Court of the Middle Circuit for Jefferson County, sitting in Chancery. On the first day of May, 1828, Burwell McBride, of South Carolina, executed a deed of trust to certain trustees, conveying to them certain negroes therein named, subject to the following among other trusts, viz: “ for the use of his daughter Caroline McBride, during her natural life, and in case she should marry, then in trust to and for the use of the said .Caroline and her husband, during their natural lives, to take and receive the profit, labor and employment of said slaves, to their…
1Dissent
Baltzell, C. J.,
delivered the following dissenting opinion :
This is a suit instituted by the distributee of one estate, and the administrator of another, against infants, his own wards, to recover property, slaves, which have been in his possession as administrator, and that of their father and mother undisturbed for near fourteen years; the claim now for the first time asserted.
The complaint is that there was a mistake made as to the price given for them; that this, was inadequate, and *227that they were actually worth more than was given for them. Whilst the allegations of the bill are of this…
2Cases cited17 opinions
- Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
- Griffith v. FrazierSupreme Court of the United States · 1814
- De Peyster v. ClendiningNew York Court of Chancery · 1840
- United States v. NourseSupreme Court of the United States · 1835
- Woodin v. BagleyNew York Supreme Court · 1835
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