Parish v. Parish
Supreme Court of Alabama
Appeal from-the Chancery’Court "of Dale and Henry. Heard before tbe Hon. WadS’-Ejeves. The bill in this --case was filed;' on -the 10th August, 1857, by'Eleazer Galloway, against William Parish and Roger Parish ; and sought ' a recovery of certain slaves, With an account of their hire, and the cancellation of Amy Parish, William and Roger Parish, aiid the complainant’s wife, were the children of Edward Parish, deceased, who died in South Carolina, where he then resided, in…
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Appeal from-the Chancery’Court "of Dale and Henry. Heard before tbe Hon. WadS’-Ejeves. The bill in this --case was filed;' on -the 10th August, 1857, by'Eleazer Galloway, against William Parish and Roger Parish ; and sought ' a recovery of certain slaves, With an account of their hire, and the cancellation of Amy Parish, William and Roger Parish, aiid the complainant’s wife, were the children of Edward Parish, deceased, who died in South Carolina, where he then resided, in 1822. The last will and testament of -said Edward Parr ish, which was dated the 5th June, 1822, and admitted to probate…
1Opinion of the CourtA. J. Walker, C. J.
There can be no doubt that the chancellor was correct- in deciding, that Amy Parish took the absolute..estate,, and .that the word heirs was a word of limitation,4,and not o,f purchase.. There is nothing in the context which, shows that the word heirs was used in the sense of children. The limitation -over, upon the death of the first taker .without heirs, with the direction that the property should.be then divided, does not qualify “heirs,” so as to give the word the signification of children. There is no qualification which.-prevents,the heirs generally, lineal or collateral, fromd-akingv…
2Cases cited7 opinions
- Hamner v. SmithSupreme Court of Alabama · 1853
- Machen v. MachenSupreme Court of Alabama · 1849
- Ewing v. StandeferSupreme Court of Alabama · 1850
- Price v. PriceSupreme Court of Alabama · 1843
- Isbell v. MaclinSupreme Court of Alabama · 1854
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- DeBardelaben v. DicksonSupreme Court of Alabama · 1910