Caldwell v. Pickens' Adm'r
Supreme Court of Alabama
Appeal from tbe Chancery Court of Dallas. Heard before tbe Hon. James B. Clark. The bill in tbis ease was filed, on tbe 28tb March, 1860, by Mrs. Margaret C. Pickens, suing by ber next friend, against ber husband, James Y. Pickens, John C. Caldwell, and Samuel Oliver; and sought a recovery of certain slaves, (or a decree for their value,) with an account of their hire.
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Appeal from tbe Chancery Court of Dallas. Heard before tbe Hon. James B. Clark. The bill in tbis ease was filed, on tbe 28tb March, 1860, by Mrs. Margaret C. Pickens, suing by ber next friend, against ber husband, James Y. Pickens, John C. Caldwell, and Samuel Oliver; and sought a recovery of certain slaves, (or a decree for their value,) with an account of their hire. Tbe complainant claimed a separate estate in tbe slaves( under a deed of gift from ber father, Sample Orr, which was dated tbe 23d July, 1840, and a copy of which was made an exhibit to tbe bill. Tbe slave conveyed by said…
1Opinion of the CourtStone, J.
Among the facts about which there seems to be no controversy in this case, we think we may safely lay down the following: That Sample Orr, the father of Mrs. Pickens, was the former owner of the slave Amy, who, with her increase, is the subject of the present suit; that Amy was sent by Sample Orr, the father, in company with Mrs. Pickens, to the home of herself and husband, in the year 1837, and remained there until she was seized and sold as the property of the husband, under an attachment and execution in favor of Caldwell, the levy being made in 1846, and the sale by the sheriff to…
2Cases cited26 opinions
- Mewburn's Heirs v. BassSupreme Court of Alabama · 1886
- Dunn v. Bank of MobileSupreme Court of Alabama · 1841
- Jenkins v. McConicoSupreme Court of Alabama · 1855
- Ozley v. IkelheimerSupreme Court of Alabama · 1855
- O'Neil v. TeagueSupreme Court of Alabama · 1845
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3Cited by3 opinions
- Webb v. RobbinsSupreme Court of Alabama · 1884
- Miller v. Voss, Taylor & Co.Supreme Court of Alabama · 1878
- Conner v. WilliamsSupreme Court of Alabama · 1876