Sims v. Sims
Supreme Court of Alabama
This was an action of Detinue brought by the plaintiff in error, in the Circuit Court of Dallas, for the recovery of two female slaves; to wit: Rachel about twenty-five years of age, and her daughter Harriet, aged ten or twelve years. The case was tried on an issue to the plea of non detinet. On the trial a bill of exceptions was taken by the plaintiff, to the ruling of the Court.
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This was an action of Detinue brought by the plaintiff in error, in the Circuit Court of Dallas, for the recovery of two female slaves; to wit: Rachel about twenty-five years of age, and her daughter Harriet, aged ten or twelve years. The case was tried on an issue to the plea of non detinet. On the trial a bill of exceptions was taken by the plaintiff, to the ruling of the Court. It was shewn to the jury, that Brittain Sims, the father of the plaintiff, at a public sale at his house, in the presence of several persons, in 1832 or 53, called the woman Rachel into the yard, and at the same…
1Opinion of the CourtCollier, C. J.
— All the authorities concur in the conclusion, that it is essential to a parol gift of a chattel, that there should be an actual delivery of the thing. [Sewall by his next friend v. Glidden, 1 Ala. Rep. N. S. 52. and cases there cited. Sims v. The Adm’r. of Sims, 8 Porter Rep. 449. Brashear v. Blassingame, 1 Nott & McC. Rep. 223. Noble v. Smith, 2 Johns’ Rep. 52. Linnendale v. Doe & Terhune, 14 Johns’ Rep. 222. Wells v. Tucker, 3 Binney’s Rep. 370.] The only question in the case before us, is, do the facts set forth in the bill of exceptions, shew that the slaves in controversy or either of…
2Cases cited1 opinion
- Sims v. Adm'r of SimsSupreme Court of Alabama · 1839
3Cited by19 opinions
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- Fouts v. NanceSupreme Court of Oklahoma · 1916
- De Mouy v. JepsonSupreme Court of Alabama · 1951
- Byars v. Alabama Power Co.Supreme Court of Alabama · 1937
- Hunley v. HunleySupreme Court of Alabama · 1848
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