Anonymous
Supreme Court of Alabama
Appeal from the Chancery Court of Calhoun. Heard before the Hon. JOHN Eostee. The complainants in this case, who were the children and grand-children of Mrs. Nancy E. C. by her'first husband, filed their bill against her surviving second husband, Samuel B. ~W., and the children of said second marriage ; asking a partition of certain slaves, and general relief.
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Appeal from the Chancery Court of Calhoun. Heard before the Hon. JOHN Eostee. The complainants in this case, who were the children and grand-children of Mrs. Nancy E. C. by her'first husband, filed their bill against her surviving second husband, Samuel B. ~W., and the children of said second marriage ; asking a partition of certain slaves, and general relief. The complainants claimed these slaves under a deed which was executed by Mrs. C. in South Carolina, in 1827, two days before her intended second marriage; and by which these slaves, with some other property then belonging to her, were…
1Opinion of the CourtStone, J.
It is contended tor appellees, that the deed of Mrs. Nancy E. C., dated June 12th, 1827, was obtained by threats and duress on the part of her children. The testimony relied on in support oí this proposition is that of Mr. D., and Mr. and Mrs. B. The testimony of Mr. D., ivho is brother to Mrs. 0., is by far the most important.
In pronouncing on this question, we feel it our duty to disregard, as illegal evidence for appellees, all that 'either Mr. or Mrs. W. said after the deed was executed. — See Price v. Branch Bank at Decatur, 17 Ala. 374 ; Strong v. Brewer, ib. 706; Foote v. Cobb, 18 Ala.…
2Cases cited5 opinions
- Foote v. CobbSupreme Court of Alabama · 1851
- Pulliam v. OwenSupreme Court of Alabama · 1854
- Blackwilder v. LovelessSupreme Court of Alabama · 1852
- James v. Bank of the State of AlabamaSupreme Court of Alabama · 1849
- Price v. Br. BankSupreme Court of Alabama · 1850
3Cited by6 opinions
- Connerly & Co. v. Planter's & Merchants' InsuranceSupreme Court of Alabama · 1880
- Esco v. StateSupreme Court of Alabama · 1965
- Josslyn v. DalyIdaho Supreme Court · 1908
- Vedder v. Marion CountyOregon Supreme Court · 1894
- Collier v. TatumSupreme Court of Alabama · 1935
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