Lenoir v. Rainey
Supreme Court of Alabama
Error to the Circuit Court of Dallas. Before the Hon. N. Cook. This was a trial of the right of property, levied on under an execution in favor of defendant in error, against one Tho. A. Cargill, and claimed by plaintiff in error.
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Error to the Circuit Court of Dallas. Before the Hon. N. Cook. This was a trial of the right of property, levied on under an execution in favor of defendant in error, against one Tho. A. Cargill, and claimed by plaintiff in error. The defendant having made out a prima facie case, the plaintiff in error proved, that the property in question, which was a slave, had been once owned by John M. Cargill, who conveyed it to one Jonathan Brantly, to have and to hold, in trust, “ for the use of Martha Cargill, wife of Thomas A. Cargill, during her natural life, and, after her death, said slave to be…
1Opinion of the CourtChilton, J.
The main point involved in this case, was decided in Machen v. Machen, at the present term of this court. It was there held, that a bequest to a married woman, and to her bodily heirs, and if no, heirs, to the right heirs of the donor, vested in the first taker, under the rule of construction adopted in Shelley’s case, 1 Rep. 93: the absolute estate, and the property having been delivered to the wife, by the executor, vested absolutely in'the husband, and upon his death, vested in his-executor, and did not survive to the wife.
In the case before us, the slave is vested in a trustee, for the…
2Cases cited4 opinions
- Carleton & Co. v. BanksSupreme Court of Alabama · 1844
- Price v. PriceSupreme Court of Alabama · 1843
- Cook v. KennerlySupreme Court of Alabama · 1847
- Horton v. SmithSupreme Court of Alabama · 1845
3Cited by8 opinions
- Ewing v. StandeferSupreme Court of Alabama · 1850
- Vail v. VailSupreme Court of Connecticut · 1881
- McQueen v. LoganSupreme Court of Alabama · 1885
- Young v. KinnebrewSupreme Court of Alabama · 1860
- Lloyd v. RamboSupreme Court of Alabama · 1860
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