Legal Opinion

Thomas v. Gaines

Supreme Court of Virginia

Decided February 15, 1845PublishedCited by 10 opinions

Frances Taylor, being possessed of a small tract of land in the county of King fy Queen, three slaves, Phoebe, and her children, Rachel, and Jerry, and some other personal property, and being about to marry Richard Gaines, on the 10th day of December 1777, executed a deed, in which said Gaines joined, by which she conveyed said land, slaves, and other personal property, to Henry Mickleborough, in trust for herself until the marriage, and then, in trust for the use of the…

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Frances Taylor, being possessed of a small tract of land in the county of King fy Queen, three slaves, Phoebe, and her children, Rachel, and Jerry, and some other personal property, and being about to marry Richard Gaines, on the 10th day of December 1777, executed a deed, in which said Gaines joined, by which she conveyed said land, slaves, and other personal property, to Henry Mickleborough, in trust for herself until the marriage, and then, in trust for the use of the said Richard Gaines and the said Frances, and the survivor of them, for his or her life, and after the death of the…

1Opinion of the CourtBaldwin, J.

The court is of opinion that the deed of marriage settlement in the proceedings mentioned, under which the appellees claim title to the slaves in controversy, was not duly admitted to record, under the provisions of the act of the general assembly, which must govern this case, passed in the year 1748, (5 Hen. Stat. at large, § 1, 4, p. 408, 409, 410;) the same having been admitted to record upon proof thereof in court by two witnesses only j whereas the said statute required proof by three witnesses at the least. By the express declaration of the 4th section of said act, all such deeds are…

2Cited by10 opinions

  1. Snyder v. MartinWest Virginia Supreme Court · 1880
  2. Cochran v. ParisSupreme Court of Virginia · 1854
  3. McCandlish v. KeenSupreme Court of Virginia · 1857
  4. Dabney v. KennedySupreme Court of Virginia · 1851
  5. Dabney v. KennedySupreme Court of Virginia · 1851

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