Olds v. Powell
Supreme Court of Alabama
Error to the Circuit Court of Dallas. Detinue for a slave, by the defendant, against the plaintiff in error, and judgment for plaintiff below.
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Error to the Circuit Court of Dallas. Detinue for a slave, by the defendant, against the plaintiff in error, and judgment for plaintiff below. Upon the trial, as appears by the bill of exceptions, the evidence showed, that in August, 1841, thedefendant intermarried with the daughter of the plaintiff, and that the negro in question, with two others, were sent by the plaintiff to the defendant’s house, in January after, about the time of his first going to house keeping; and the question was, whether this negro was given to the defendant, or his wife, without qualification, or whether it was a…
1Opinion of the CourtOrmond, J.
— When property'is sent home with a new married couple, by the parents, it will be presumed to be a gift, unless at the time a less estate is declared, or limited. Whether it be a gift, or mere loan, is a question of intention; any fact therefore, which affords evidence of such intention, is admissible as part of the res gesim.
It is not easy to conceive of any more conclusive mode of ascertaining the intention, than by the 'declarations of the donor, at, or about the time ; and this is not strenuously denied by the counsel for the plaintiff in error, but he insists that the donee is not…
2Cited by15 opinions
- Pharis v. LeachmanSupreme Court of Alabama · 1852
- Maddox v. StateSupreme Court of Alabama · 1909
- Sorrell v. ScheuerSupreme Court of Alabama · 1923
- Kilgore v. StanleySupreme Court of Alabama · 1890
- Autauga County v. DavisSupreme Court of Alabama · 1858
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