Degraffenreid v. Thomas
Supreme Court of Alabama
Error to the Circuit Court of Benton. Before the Hon. G. W. Stone. The plaintiff in error sued out execution on a judgment against Athanasius Thomas and William Thomas, which was levied on a slave named Jenny, and her two children, to which, Mary Thomas, the defendant in error, interposed a claim under the statute.
Read the full summary
Error to the Circuit Court of Benton. Before the Hon. G. W. Stone. The plaintiff in error sued out execution on a judgment against Athanasius Thomas and William Thomas, which was levied on a slave named Jenny, and her two children, to which, Mary Thomas, the defendant in error, interposed a claim under the statute. Upon the trial, as appears from a bill of exceptions, it was in proof, that the claimant was the daughter of Athanasius Thomas; that some thirty-five years since, the mother of Jenny, the slave levied on, belonged to Athanasius Thomas, who, when his son James was an infant, and…
1Opinion of the CourtCollier, C. J.
Conceding that James Thomas, during part of the year 1844, was employed as the overseer of his father, the defendant in execution, and in that character “ supervised and directed the labor of the slaves in question,” and it is difficult to perceive what effect such employment could have had upon the rights of the claimant. If the gift from the defendant to his son James was perfect when made, or became operative by something subsequently occurring, the fact that the slaves were placed under the control of the donor’s overseer for a year, is of too equivocal import to predicate a conclusion in…
2Cases cited6 opinions
- Abney v. Kingsland & Co.Supreme Court of Alabama · 1846
- McBride v. ThompsonSupreme Court of Alabama · 1845
- Harris v. WilsonNew York Supreme Court · 1831
- Gary v. TerrillSupreme Court of Alabama · 1846
- Berry v. HardmanSupreme Court of Alabama · 1847
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Russell v. BushSupreme Court of Alabama · 1916
- Nelson v. IversonSupreme Court of Alabama · 1850
- State v. KelloggSupreme Court of Louisiana · 1900
- Thomas v. DegraffenreidSupreme Court of Alabama · 1850
- Thomason v. OdumSupreme Court of Alabama · 1857
4 more not listed; retrieve them via the Exa API.