Legal Opinion

Peake v. Yeldell

Supreme Court of Alabama

Decided January 15, 1850PublishedCited by 12 opinions

Error to the Circuit Court of Dallas. Tried before the lion. Nathan Cook. I. The lex loci determines the nature and validity, obligation and legal effect of the contract, and furnishes the rule of construction and interpretation. — Story’s Confl. of Laws, §§275-6; Carnegie v. Morrison, 2 Mete. 381-397; Bulger v. Porcher, 11 Pickering, 36; Blanchard v. Russel, 13 Mass. 1-4; Pitkin v, Thomason, 13 Pickering, 64; Sbelford on Mar. & Divorce, L. Lib. vol. 33, p. 115; Trimly v.…

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Error to the Circuit Court of Dallas. Tried before the lion. Nathan Cook. I. The lex loci determines the nature and validity, obligation and legal effect of the contract, and furnishes the rule of construction and interpretation. — Story’s Confl. of Laws, §§275-6; Carnegie v. Morrison, 2 Mete. 381-397; Bulger v. Porcher, 11 Pickering, 36; Blanchard v. Russel, 13 Mass. 1-4; Pitkin v, Thomason, 13 Pickering, 64; Sbelford on Mar. & Divorce, L. Lib. vol. 33, p. 115; Trimly v. Vignier, 1 Bingham, 151 — see* also, note (a) to Andrew's v. Heriot, 4 Cow. Rep. 510, where numerous authorities are…

1Opinion of the CourtDargan, C. J.

This was a trial of the right of property in certain slaves, levied on as .the property of William B. Townsend, and claimed by William E. Peake. To show title to the slaves, the complainant introduced a deed,bearing date the 26th of March 1835, executed by William B. Townsend, Martha S. Jenkins, and Benjamin Reynolds, which, after reciting that a marriage was intended shortly to be solemnized between the said William B. Townsend and Martha S. Jenkins, conveyed to the said Benjamin Reynolds, as trustee, certain slaves, to*642gether with some bonds and obligations for the payment of money, which at…

2Cases cited2 opinions

  1. Cook v. KennerlySupreme Court of Alabama · 1847
  2. Moss v. McCallSupreme Court of Alabama · 1847

3Cited by12 opinions

  1. Henderson v. HendersonSupreme Court of Alabama · 1923
  2. Southern Express Co. v. OwensSupreme Court of Alabama · 1906
  3. State Ex Rel. Wadsworth v. Southern Surety Co.Supreme Court of Alabama · 1930
  4. Jones v. JonesSupreme Court of Alabama · 1850
  5. Galliher v. State Mutual Life Ins.Supreme Court of Alabama · 1907

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