Legal Opinion

Inge v. Murphy

Supreme Court of Alabama

Decided June 15, 1846PublishedCited by 21 opinions

Writ of Error to the Circuit Court of Greene. Detinue, by Murphy against Inge, for a number of slaves. At the trial, the following state of facts was agreed by the parties, and submitted as evidence to the jury, to wit: Dr. Richard Inge married Miss Eliza Bullock, in Granville county, North Carolina, in the year 1813. At that time Dr. Inge resided at Louisburg, in Franklin county, North Carolina, about thirty-five miles from the residence of his wife’s father.

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Writ of Error to the Circuit Court of Greene. Detinue, by Murphy against Inge, for a number of slaves. At the trial, the following state of facts was agreed by the parties, and submitted as evidence to the jury, to wit: Dr. Richard Inge married Miss Eliza Bullock, in Granville county, North Carolina, in the year 1813. At that time Dr. Inge resided at Louisburg, in Franklin county, North Carolina, about thirty-five miles from the residence of his wife’s father. After the marriage, his father-in-law, Mr. Bullook, placed in Dr. Inge’s possession, among other slaves those now in controversy, or…

1Opinion of the CourtGoldthwaite, J.

1. Previous to the consideration of the principal questions argued at the bar, it is as well to dispose of one which has been incidentally adverted to by the counsel for the plaintiff. It is, that as the slaves were in possession of Dr’. Inge, after his marriage, and before the execution of the deed by Mr. Bullock, they must be considered as passing to the Dr. by virtue of his marriage, as a gift to his wife. The answer to this is, that no such presumption can possibly arise, as the doctor himself seems even to have conceded his title arose under the deed, and his acts and declarations…

2Cases cited2 opinions

  1. Holmes v. BroughtonNew York Supreme Court · 1833
  2. Goodman v. GriffinSupreme Court of Alabama · 1830

3Cited by21 opinions

  1. Reno Smelting, Milling & Reduction Works v. StevensonNevada Supreme Court · 1889
  2. Cubbedge, Hazlehurst & Co. v. NapierSupreme Court of Alabama · 1878
  3. Drake v. GloverSupreme Court of Alabama · 1857
  4. Nelson v. Goree'r Adm'rSupreme Court of Alabama · 1859
  5. Thorington v. GouldSupreme Court of Alabama · 1877

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