Doyle v. Bouler
Supreme Court of Alabama
Writ of error to the Circuit Court of Clarke County. A fieri facias issued from the Circuit Court of Clarke, at the suit of the plaintiff in error, against the goods, &c., of John Bouler, was levied on the following slaves, to wit, Robin, Charlotte, Rachel, Elvira, Julia, Betsy, Tom, Mina, Harriet, Luke, Jane, and Helen, as the property of the defendant in execution; of all whom were claimed by the defendant in error, and bond executed to try the right as required by the…
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Writ of error to the Circuit Court of Clarke County. A fieri facias issued from the Circuit Court of Clarke, at the suit of the plaintiff in error, against the goods, &c., of John Bouler, was levied on the following slaves, to wit, Robin, Charlotte, Rachel, Elvira, Julia, Betsy, Tom, Mina, Harriet, Luke, Jane, and Helen, as the property of the defendant in execution; of all whom were claimed by the defendant in error, and bond executed to try the right as required by the statute. An issue being made up, the cause was submitted to a jury, who returned a verdict in favor of the claimant, and…
1Opinion of the CourtCollier, C. J.
— From a view of so much of the will of Gabriel Toombs as relates to the bequests to his daughters, we think it clear, that the limitations over after their death is not too remote to operate. The testator explicitly declares that, if any of his children die leaving no heirs lawfully hegolten of their bodies, their part must be equally divided among the rest of his children: and as if to leave no doubt of his intention, and to “make assurance doubly sure,’3' he again says, that the negroes are only lent to his children during their lives, and given to his grand children. The terms “heirs of…
2Cases cited1 opinion
- Darden's Adm'r v. Burns' Adm'rSupreme Court of Alabama · 1844
3Cited by5 opinions
- Flinn v. DavisSupreme Court of Alabama · 1850
- Powell v. GlennSupreme Court of Alabama · 1852
- Freeman v. BaldwinSupreme Court of Alabama · 1848
- Robertson v. JohnstonSupreme Court of Alabama · 1860
- Lloyd v. RamboSupreme Court of Alabama · 1860