Ragsdale v. Norwood
Supreme Court of Alabama
Appeal from the Circuit Court of Greene. Tried before the Hon. Wax.. S. Mudd.-. I^This action was- brought by James P." Ragsdale and Mary F. Ragsdale, his wife, against Andrew Norwood, to recover damages for the conversion of a slave named 'Rebecca; and was commenced on the 12th September,'1859» The plaintiffs claimed title to the slave under a 'verbal gift in remainder to Mrs. Ragsdale from Eleanor S. Lewis, who was her great aunt; while the defendant held under a purchase…
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Appeal from the Circuit Court of Greene. Tried before the Hon. Wax.. S. Mudd.-. I^This action was- brought by James P." Ragsdale and Mary F. Ragsdale, his wife, against Andrew Norwood, to recover damages for the conversion of a slave named 'Rebecca; and was commenced on the 12th September,'1859» The plaintiffs claimed title to the slave under a 'verbal gift in remainder to Mrs. Ragsdale from Eleanor S. Lewis, who was her great aunt; while the defendant held under a purchase from Isaac L. Jordan, who was the father of Mrs. Ragsdale. “The plaintiffs’ evidence tended to show,” as the bill of…
1Opinion of the CourtStone, J.
It was evidently the ancient law, that a remainder in things personal could not be created even by deed. As part of the reason for this, it was said, that per■sonal property could nbt, in any correct sense, “ be held for any estate,” but was the subject of absolute ownership.—See 2 Black. Com. 398 ; Williams on Personal Property, 7, 199, 200. and note; Sugden oh Property; 64 Law Library, 355-6.
*24So in America, some of the States have held, that no remainder in chattels can be created by deed.—See Cutler v. Spiller, 2 Hayw. 130 ; Gilbert v. Murdock, ib. 182 ; Vass v. Hicks, 3 Murph. 494; Sutton…
2Cases cited19 opinions
- Thomas v. DegraffenreidSupreme Court of Alabama · 1850
- Thrasher v. IngramSupreme Court of Alabama · 1858
- Gibson v. LandSupreme Court of Alabama · 1855
- Ivey's Adm'r v. OwensSupreme Court of Alabama · 1856
- Easly v. DyeSupreme Court of Alabama · 1848
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3Cited by5 opinions
- Hicks v. MeadowsSupreme Court of Alabama · 1915
- Walker v. CrewsSupreme Court of Alabama · 1882
- Livingston v. PowellSupreme Court of Alabama · 1952
- United States Fidelity & Guaranty Co. v. MontgomerySupreme Court of Alabama · 1933
- Hooper v. BrittAlabama Court of Appeals · 1951