Fellows, Wadsworth & Co. v. Tann
Supreme Court of Alabama
Writ of Error to the Court of Chancery sitting at Livingston. The defendants in error filed their bill in May, 1844, setting forth that James Daniel, the father of Jane Tann, one of the complainants, executed a deed on the 17th June, 1820, by which he gave a female slave named Winney, then fifteen years old, to his daughter, Mrs. Tann, then a feme sole, and widow of Hugh Barnett, deceased, “ and the heirs of her body,” “ on the following terms, that is to say: I leave the…
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Writ of Error to the Court of Chancery sitting at Livingston. The defendants in error filed their bill in May, 1844, setting forth that James Daniel, the father of Jane Tann, one of the complainants, executed a deed on the 17th June, 1820, by which he gave a female slave named Winney, then fifteen years old, to his daughter, Mrs. Tann, then a feme sole, and widow of Hugh Barnett, deceased, “ and the heirs of her body,” “ on the following terms, that is to say: I leave the said girl to Jane Barnett, during her, the said Jane’s natural life, forever, and the heirs of her body, with this…
1Opinion of the CourtCollier, C. J.
The proof very satisfactorily establishes the execution of the deed about the time it bears date, its attestation by the subscribing witnesses; that Winney and her children have been, and were in Mrs. Tann’s possession when levied on, the names of the children, &c. If the testimony is defective in any thing, it is in the omission to prove that the donor was the owner of Winney at the time the deed was executed. But the *1003examination of the witnesses by .both parties seem rather to treat this as a conceded point, by the failure to call the attention of the witness to it by a direct inquiry. But…
2Cases cited1 opinion
- Darden's Adm'r v. Burns' Adm'rSupreme Court of Alabama · 1844
3Cited by17 opinions
- Castleberry v. StringerSupreme Court of Alabama · 1912
- Mason v. Pate'sSupreme Court of Alabama · 1859
- Jones v. ReeseSupreme Court of Alabama · 1880
- Nimmo v. StewartSupreme Court of Alabama · 1852
- Powell v. GlennSupreme Court of Alabama · 1852
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