Overfield v. Sutton
Court of Appeals of Kentucky
CASE 52 — PETITION ORDINARY APPEAL EROM HENDERSON CIRCUIT COURT. The facts appear in the opinion of the court. Although gifts of slaves must, unless accompanied by delivery of possession, be evidenced by deed, yet the requisitions of such deed, as limited and fixed by the act on page 628 of Revised Statutes, only apply in terms, as well as in reason, to controversies between donee and creditors of and purchasers from donor, and not to controversies between donor and donee.…
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CASE 52 — PETITION ORDINARY APPEAL EROM HENDERSON CIRCUIT COURT. The facts appear in the opinion of the court. Although gifts of slaves must, unless accompanied by delivery of possession, be evidenced by deed, yet the requisitions of such deed, as limited and fixed by the act on page 628 of Revised Statutes, only apply in terms, as well as in reason, to controversies between donee and creditors of and purchasers from donor, and not to controversies between donor and donee. {Rev. Stat., 196, 628; 2 Stat. Law, 1479-80.) Rules for construing statutes. (4 Littell, 377; 10 B. Mon., 172-3.) The…
1Opinion of the Court
JUDGE DUVALL
delivered the opinion of the court:
Overfield brought this action against the administrator of Mary Sutton, deceased, for the recovery of a female slave which the plaintiff alleges the decedent conveyed to him by a deed of gift executed by her on the 21st day of May, 1856. The deed is exhibited with the petition, and purports to “give and bequeath” to the plaintiff, the slave in contest, “in consideration of the high esteem I have for my beloved grand-son.” It was attested by a single witness, Royster, by whom its execution was proved before the clerk of the Henderson county court,…
2Cases cited4 opinions
- Douglass v. HowlandNew York Supreme Court · 1840
- Howard v. SamplesCourt of Appeals of Kentucky · 1837
- Mahan v. MahanCourt of Appeals of Kentucky · 1847
- Chadoin v. CarterCourt of Appeals of Kentucky · 1851
3Cited by2 opinions
- Fidelity & Columbia Trust Co. v. MeekCourt of Appeals of Kentucky (pre-1976) · 1943
- Johnson v. OffuttCourt of Appeals of Kentucky · 1862