Bragg v. Massie's Adm'r
Supreme Court of Alabama
Appeal from the Circuit Court of Greene. Tried before the Hon. Wm. S. Muld. This action was brought by A. R.' Davis, as- the administrator cle bonis non of C. C. A. Massie, deceased, against David Bragg, to: recover several slaves,: together with damages for their detention ; and was commenced on the 31st August, 1858. The defendant pleaded “the general issue, in short by consent, with leave to give any special matter in evidence ;” and issue was joined on that plea.
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Appeal from the Circuit Court of Greene. Tried before the Hon. Wm. S. Muld. This action was brought by A. R.' Davis, as- the administrator cle bonis non of C. C. A. Massie, deceased, against David Bragg, to: recover several slaves,: together with damages for their detention ; and was commenced on the 31st August, 1858. The defendant pleaded “the general issue, in short by consent, with leave to give any special matter in evidence ;” and issue was joined on that plea. The material facts of the case, showing the respective titles of the parties, briefly stated, are-these: The plaintiff:’s…
1Opinion of the CourtStone, J.
In the questions which are pressed upon our consideration, no contest is. raised as to the validity of the gift, by William Bragg to his daughter, Mrs. Massie, of the slave Amy; nor of rhe subsequent exchange of the .slave Catherine for Amy. The jury, by their verdict, impliedly affirmed that such gift was made and perfected; -• and the questions bearing on the merits of this case, which we are called upon to decide, all rest on. the postulate, that the gift was- completely consummated. On any other hypothesis, the plaintiff’s intestate never bad title, and the present suit would have failed…
2Cases cited13 opinions
- Gunter v. LeckeySupreme Court of Alabama · 1857
- Thrasher v. IngramSupreme Court of Alabama · 1858
- Lay's v. Lawson's Adm'rSupreme Court of Alabama · 1853
- Parish v. GatesSupreme Court of Alabama · 1856
- Michan v. WyattSupreme Court of Alabama · 1852
8 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Wells v. American Mortgage Co. of Scotland, Ltd.Supreme Court of Alabama · 1895
- Scruggs v. Decatur Mineral & Land Co.Supreme Court of Alabama · 1888
- Corley v. VizardSupreme Court of Alabama · 1919
- Moorer v. Tensaw Land & Timber Co.Supreme Court of Alabama · 1944
- Harris v. ParkerSupreme Court of Alabama · 1868
11 more not listed; retrieve them via the Exa API.