Spear v. Walkley
Supreme Court of Alabama
Writ of Error to the Circuit Court of Barbour. Claim of property interposed by Spear, as trustee for his wife and children, to a certain slave levied on as his individual property, by virtue of a writ of fi. fa. in favor of Walldey.
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Writ of Error to the Circuit Court of Barbour. Claim of property interposed by Spear, as trustee for his wife and children, to a certain slave levied on as his individual property, by virtue of a writ of fi. fa. in favor of Walldey. At the trial, the claimant made title to the slave, under the following bequest, in the will of Mrs. Hampton, to wit: “I give and. bequeath to Anderson Spear, Letty, Becky and her children, Joe and Leonora, and their future increase, to be held and worked by him, for the use of his wife and children, but subject in no way to his debts, contracts, or judgments, and…
1Opinion of the Court
'GOLDTHWAITE, J.
Without at this time undertaking to decide whether the husband has, or has not, an interest in the profits of the slaves bequeathed by Mrs. Hampton, we are clear he has no such interest in the slaves themselves as is the subject of levy and sale under execution. The title to the slaves is vested in him for a special purpose, and his control over them is, to work them for the use of his wife and children. If they can be taken from his possession by a creditor, the trust, that they shall be worked by him, cannot be carried into effect, but will be certainly defeated. On the…
2Cases cited1 opinion
- Carleton & Co. v. BanksSupreme Court of Alabama · 1844
3Cited by12 opinions
- Mason v. Pate'sSupreme Court of Alabama · 1859
- Pollard v. MerrillSupreme Court of Alabama · 1849
- Robertson v. JohnstonSupreme Court of Alabama · 1860
- Cook v. KennerlySupreme Court of Alabama · 1847
- Terrell v. GreenSupreme Court of Alabama · 1847
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