Hitt v. Rush
Supreme Court of Alabama
Error to tbe Chancery Court of Greene; Heard before the Hon. W. W. MasoN. The defendants in error filed their bill in the Chancery Court of Greene county, against Hitt and Wade, alleging that, on the 10th of April, A. D., 1831, John Pearson, their maternal grand-father, then a resident of the State of South Carolina, executed a deed of gift, which was duly recorded in that State, by which he conveyed certain slaves, in the bill named, to Thomas H. Wade, as trustee, to the…
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Error to tbe Chancery Court of Greene; Heard before the Hon. W. W. MasoN. The defendants in error filed their bill in the Chancery Court of Greene county, against Hitt and Wade, alleging that, on the 10th of April, A. D., 1831, John Pearson, their maternal grand-father, then a resident of the State of South Carolina, executed a deed of gift, which was duly recorded in that State, by which he conveyed certain slaves, in the bill named, to Thomas H. Wade, as trustee, to the sole and separate use of his daughter, Martha Ann Rush, wife of James Rush; she to have the sole possession, use and…
1Opinion of the Court
CHILTON, C. J.'
The question before us is, whether the *565slave Eve was given by Jobn Pearson to James Rush, anterior to the execution of the deed by Pearson to Wade; and this depends upon the evidence, to which we will briefly allude. We have the testimony of one witness on each side. Grace H. O’Neal was examined on the part of the complainants, and testifies, that, in 1831, her father came from his residence in Fairfield District, in South Carolina, to Columbia, where she and her sister Martha Ann Eush resided, bringing with him the slaves mentioned in the deed to Wade, and there executed the…
2Cited by1 opinion
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