Marler v. Marler
Supreme Court of Alabama
We.it of error to the Circuit Court of Montgomery county. Action of detinue, by the administratrix of Aminidab Marler, to recover certain slaves. At the trial, on the general issue, it was proved on the part of the plaintiff, that the slaves sued for were in her intestate’s possession at the time of his death, and had remained in his possession for more than six years next before his death.
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We.it of error to the Circuit Court of Montgomery county. Action of detinue, by the administratrix of Aminidab Marler, to recover certain slaves. At the trial, on the general issue, it was proved on the part of the plaintiff, that the slaves sued for were in her intestate’s possession at the time of his death, and had remained in his possession for more than six years next before his death. That shortly after the grant of administration to the plaintiff, the slaves were taken from the plantation of her intestate by an agent of the defendant, who refused to deliver them on demand. The…
1Opinion of the CourtGoldthwaite, J.
Our statute of frauds does not avoid loans, reservations or limitations of personal property, however secret, as between the parties themselves or their representatives, but only as to creditors and purchasers of the person remaining in possession ofthejwoperty for the space of three years; and not then, if the loan is evidenced by deed or will, recorded as prescribed. [Clay’s Digest, 254, § 2.]
This, indeed, is conceded to be the general effect of the statute; but it is insisted, whenever an estate is decreed to be insolvent, that then the administrator is entitled to hold, or reduce into…
2Cases cited2 opinions
- Reichart v. CastatorSupreme Court of Pennsylvania · 1812
- Boyd v. StainbackSupreme Court of Virginia · 1817
3Cited by12 opinions
- Pharis v. LeachmanSupreme Court of Alabama · 1852
- Watts v. GayleSupreme Court of Alabama · 1852
- Adams v. BroughtonSupreme Court of Alabama · 1848
- Heydenfeldt v. TownsSupreme Court of Alabama · 1855
- Davis v. SwansonSupreme Court of Alabama · 1875
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