Watts v. Clardy
Supreme Court of Florida
Writ of Error to Hamilton Circuit Court. Joseph B. Watts, administrator of Thomas T. Clardy, brought suit in Hamilton County in detinue against James M. Clardy for the recovery of certain slaves named in the declaration, and alleged to be detained by defendant.
Read the full summary
Writ of Error to Hamilton Circuit Court. Joseph B. Watts, administrator of Thomas T. Clardy, brought suit in Hamilton County in detinue against James M. Clardy for the recovery of certain slaves named in the declaration, and alleged to be detained by defendant. The Jury at the trial, on the 6th of April, 1846, found a special verdict as follows: We, the Jury, find that Thomas T. Clardy, the plaintiff’s intestate, died possessed of the negroes sued for, that the plaintiff demanded the same from the defendant, who after the death of the said Clardy detained and still detains the said negroes,…
1Opinion of the Court
Baltzell, J.,
delivered the following opinion:
The will and deed under which both parties claim in this case having been made in the State of South Carolina where the testator and grantor lived and where the property at the time was, the laws of that state as administered by her judicial tribunals must form the rule of its decision. Story’s Conflict, 402, 409; 4 Wilson and Shaw, 28, 37.
Referring to them we find that as early as the year 1795 a devise “ of negroes to a daughter distinct irom her husband during her life and at her death to the heirs of her body,” was held to create an estate…
2Cited by1 opinion
- Midgett v. . MidgettSupreme Court of North Carolina · 1895