Armstrong v. Huntons
Supreme Court of Virginia
Alexander Hunton, who died in 1789, by his will bequeathed a female slave named Letty to his daughter Nancy and her heirs forever; and having bequeathed likewise to ten others of his sons and daughters one slave each, he added—“ It is my will, that if any of my before mentioned children die without lawful heirs of their bodies, their estate left them shall be equally divided among the surviving children.”
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Alexander Hunton, who died in 1789, by his will bequeathed a female slave named Letty to his daughter Nancy and her heirs forever; and having bequeathed likewise to ten others of his sons and daughters one slave each, he added—“ It is my will, that if any of my before mentioned children die without lawful heirs of their bodies, their estate left them shall be equally divided among the surviving children.” In July 1818, Robert, Susanna, John and George Hun-ton exhibited a bill against Thomas Armstrong, in the superior court of chancery of Fredericksburg, setting forth the will of Alexander…
1Opinion of the CourtBaldwin, J.
If this is not an action of detinue brought in a court of chancery, it must be because the plaintiffs have asserted their demand by a bill instead of a declaration. It is a suit to recover a single slave, by the owners of the legal title, if any, against an adverse claimant, without any impediment whatever to the prosecution of the plain and adequate remedy at law. If there is any thing in the case, besides the sex of the slave, to give any the slightest colour of jurisdiction to a court of equity, I have not been able to find it. She had no issue, and of course there was no necessity for a…
2Cases cited1 opinion
- Gregory's Administrator v. Marks's AdministratorSupreme Court of Virginia · 1823