Perry v. Graham
Supreme Court of Alabama
Error to the Circuit Court of Perry. Tried before the Hon. Geo. D, Shortridge. This was an action of detinue brought by the plaintiff against the defendant in error to recover the possession of a slave. The plaintiff claimed title under an alleged parol gift from Joseph B. Chambers to bis gratad daughter, Frances McKewall, with whom the plaintiff intermarried in February 1847, and who died in the month of December following the marriage.
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Error to the Circuit Court of Perry. Tried before the Hon. Geo. D, Shortridge. This was an action of detinue brought by the plaintiff against the defendant in error to recover the possession of a slave. The plaintiff claimed title under an alleged parol gift from Joseph B. Chambers to bis gratad daughter, Frances McKewall, with whom the plaintiff intermarried in February 1847, and who died in the month of December following the marriage. It appears from the bill of exceptions that the slave in controversy was purchased in the year 1842, by the said Joseph B. Chambers, with the avowed…
1Opinion of the CourtChilton, J.
Perhaps we can withdess prolixity invesr tigate the alleged errors,, in the order in which they are presented by the bill of exceptions; and,
1. The Circuit Court did not err in admitting the deed of gift from Chambers to Graham, the trustee, for. the use, &c., of Mrs. Perry, to be read to the jury. It is true the deed is not to be regarded as a recorded instrument, having been acknowledged before the clerk of the County Court,.whereas the statute requires such deeds to be “ acknowledged or. proved by one. or more witnesses, in the Circuit or County Court of the county, wherein one of the…
2Cases cited4 opinions
- Donnell v. JonesSupreme Court of Alabama · 1848
- Nelson v. IversonSupreme Court of Alabama · 1850
- Sewall v. GliddenSupreme Court of Alabama · 1840
- Herrick v. LaphamNew York Supreme Court · 1813
3Cited by21 opinions
- Humes v. O'Bryan & WashingtonSupreme Court of Alabama · 1883
- Martin v. Des Moines Edison Light Co.Supreme Court of Iowa · 1906
- Baucum v. GeorgeSupreme Court of Alabama · 1880
- Daffron v. CrumpSupreme Court of Alabama · 1881
- Alabama City G. & A. Ry. Co. v. HealdSupreme Court of Alabama · 1912
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