Bradley v. Mosby
Court of Appeals of Virginia
Mosby brought detinue against Bradley for some slaves. Plea, non detinet, and issue. The jury found a special verdict: which stated, that on the 27th of March? 1758* Thomas Walton conveyed Hie use of a negro woman hy the name of Lucy, to his daughter Patty Mosby, wife of Edward Mosby, by a deed, the material parts of which, are as follows: The donor, in consideration of the natural love and affection which he bears unto the persons therein-after named, and for other causes,…
Read the full summary
Mosby brought detinue against Bradley for some slaves. Plea, non detinet, and issue. The jury found a special verdict: which stated, that on the 27th of March? 1758* Thomas Walton conveyed Hie use of a negro woman hy the name of Lucy, to his daughter Patty Mosby, wife of Edward Mosby, by a deed, the material parts of which, are as follows: The donor, in consideration of the natural love and affection which he bears unto the persons therein-after named, and for other causes, gives to his daughter Patty wife of Edward Mosby, “ the use of two negro slaves, during her natural life, viz. a boy…
1Opinion of the Court
ROANE, Judge.
This is an action of detinue for slaves, brought by the appellee against the appellant, and the question of his title arises under a deed of gift by Thomas Walton, of the 27th of March, 1758, which is stated at large in the special verdict.
Before I go particularly into the construction of that deed, I will give my ideas as to a preliminary point which was made, and state some general principles which I think must govern in the decision of this case.
It was in the first place objected, that a limitation of slaves by way of remainder, after an estate for life, was not good by deed.…
2Cases cited1 opinion
- Dunn v. BrayCourt of Appeals of Virginia · 1798