Paulk v. Wolfe, Gillespie & Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Tallapoosa. Heard before the Hon. James B. Clabk.' The bill in this case was filed by Mrs. Martha Paulk, suing by her next friend, against her husband, their children, and certain judgment creditors of her husband ; and sought to restrain the creditors from further proceedings at law, to subject to the satisfaction of their several judgments certain slaves, in which the complainant claimed a separate estate for life, with remainder to her…
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Appeal from the Chancery Court of Tallapoosa. Heard before the Hon. James B. Clabk.' The bill in this case was filed by Mrs. Martha Paulk, suing by her next friend, against her husband, their children, and certain judgment creditors of her husband ; and sought to restrain the creditors from further proceedings at law, to subject to the satisfaction of their several judgments certain slaves, in which the complainant claimed a separate estate for life, with remainder to her children. Tüie complainant’s title to the slaves, as asserted in the bill, was derived from her father, Cyrus Billingslea,…
1Opinion of the Court
R. W. "WALKER, J.
There is a good deal of conflict in the testimony; but we concur with chancellor in thinking that the weight of the evidence establishes the following facts: The complainant, who is the daughter of Cyrus Billingslea, intermarried with Joshua Paulk, in the fall of 1845; and in the beginning of the succeeding year, the slaves in controversy went into the possession of the complainant and her husband, under a parol gift from her father to her, for her separate use. With some slight interruptions, the slaves, remained in the possession of the complainant and her husband, (who,…
2Cases cited7 opinions
- Wiley, Banks & Co. v. KnightSupreme Court of Alabama · 1855
- Roper v. RoperSupreme Court of Alabama · 1856
- Randall v. PhillipsU.S. Circuit Court for the District of Rhode Island · 1824
- Crabb's Administrator v. ThomasSupreme Court of Alabama · 1854
- McCroan v. PopeSupreme Court of Alabama · 1850
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Patton v. BeecherSupreme Court of Alabama · 1878
- Short v. BattleSupreme Court of Alabama · 1875
- Gunter v. WilliamsSupreme Court of Alabama · 1867
- O'Connor v. ChamberlainSupreme Court of Alabama · 1877
- Sprague v. TysonSupreme Court of Alabama · 1870
3 more not listed; retrieve them via the Exa API.