Bradford v. Howell
Supreme Court of Alabama
Appeal from the Circuit Court of Cherokee. Tried before Hon. W. J. Habralson. This was an action of trover, brought by Howell, the appellee, against Bradford, the appellant, for the convei sion of certain slaves by appellant, and was commenced on 21st October, 1858. The plaintiff claimed title to an undivided interest in said slaves by virtue of a certain deed of gift of Jane Hamilton to Elizabeth Odell, hereinafter copied, upon the construction of which, the main question…
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Appeal from the Circuit Court of Cherokee. Tried before Hon. W. J. Habralson. This was an action of trover, brought by Howell, the appellee, against Bradford, the appellant, for the convei sion of certain slaves by appellant, and was commenced on 21st October, 1858. The plaintiff claimed title to an undivided interest in said slaves by virtue of a certain deed of gift of Jane Hamilton to Elizabeth Odell, hereinafter copied, upon the construction of which, the main question in the case depended. The defendant claimed title by purchase from Regnall Odell, the husband of Elizabeth Odell. The…
1Opinion of the CourtByrd, J.
A gift to O. and her bodily heirs forever, ■uncontrolled by any other words in the conveyance, vests an absolute estate, in the subject of the gift, in O.; and that, whether the estate of O. is limited expressly or by implication, to be one for her own life. — Ewing v. Standifer et al., 18 Ala. 400; Loyd v. Rambo, 35 Ala. 719, and authorities therein cited; Johnson's Adm'r v. Johnson, 32 Ala. 637. Such is the unbending rule of the common law, and we must presume that it was in force in South Carolina where the deed was executed, in the absence of proof to the contrary. — Ellis v. White, 25…
2Cases cited8 opinions
- Foster v. GlazenerSupreme Court of Alabama · 1855
- Powell v. GlennSupreme Court of Alabama · 1852
- Ewing v. StandeferSupreme Court of Alabama · 1850
- Donaldson's Adm'r v. Waters' Adm'rSupreme Court of Alabama · 1857
- Mobile Marine Dock & Mutual Insurance v. HuderSupreme Court of Alabama · 1860
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3Cited by1 opinion
- Grimball v. PattonSupreme Court of Alabama · 1881