Hale v. Clarkson
Supreme Court of Virginia
This was a suit in equity in the Circuit court of Lynch-burg, brought in 1854 by Anselm Clarkson and others, claiming as legatees in remainder of slaves, under the will of John Clarkson, who died in the county of Franklin in the year 1817, against John S. Hale, Giles W. B. Hale’s adm’r and others, who had purchased 'the slaves under proceedings against the life tenant during her life.
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This was a suit in equity in the Circuit court of Lynch-burg, brought in 1854 by Anselm Clarkson and others, claiming as legatees in remainder of slaves, under the will of John Clarkson, who died in the county of Franklin in the year 1817, against John S. Hale, Giles W. B. Hale’s adm’r and others, who had purchased 'the slaves under proceedings against the life tenant during her life. The proceedings in the case were concluded by a decree rendered on the 23d of November 1858, by which John S. Hale and Hutcheson, as adm’r of G. ~W. B. Hale, were directed to deliver up the slaves in their…
1Opinion of the CourtChristian, J.
The whole subject matter of the controversy between the parties having perished, or been extinguished by the result of the late civil war, (the title to certain slaves being the sole question adjudicated by the court below,) it is not necessary that this court should pass upon the merits of the cause. The question now presented, only involves the costs of the proceedings, dependent upon questions of chancery practice and pleading, to be settled by this court. The record is quite voluminous; but I deem it necessary to extract from it only such facts as shall present, intelligibly, the points…
2Cases cited2 opinions
- Jones v. BradshawSupreme Court of Virginia · 1863
- Clarkson v. BoothSupreme Court of Virginia · 1867