Burns v. Hudson
Supreme Court of Alabama
Appeal from the Chancery Court of Calhoun. Tup bill in this case was hied by Mrs. Mahulda Burns, tbe wife of A. S. Burns, suing by her next friend, against Samuel P. Hudson and the said A. S. Burns ; and sought a recovery of certain slaves in the possession of Hudson, in which the complainant claimed a separate estate, with an account of their hire.
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Appeal from the Chancery Court of Calhoun. Tup bill in this case was hied by Mrs. Mahulda Burns, tbe wife of A. S. Burns, suing by her next friend, against Samuel P. Hudson and the said A. S. Burns ; and sought a recovery of certain slaves in the possession of Hudson, in which the complainant claimed a separate estate, with an account of their hire. The complainant asserted title to the slaves under a verbal gift from her father, in South Carolina, in 1831, of the female slave who was the mother of all the others; a subsequent purchase of said slave at the administrator’s sale of her father’s…
1Opinion of the CourtR. W. Walker, J.
There is no doubt that, When the contract was made between A. S. Burns and John B. Jennings, the negro girl Lucy was the property of the former ; for, whether we consider the original source of title, as a *65gift from Mrs. Burns’ father to ber, or as her purchase at tbe administration sale, it is plain that, as the slave was in no way settled to the separate use of the wife, the marital rights of her husband attached, and the property became his absolutely.
[2.] If, then, Mrs. Burns has now a separate estate in. the slave, or can justly claim a settlement of the same to her separate use, she…
2Cases cited5 opinions
- Lang's Heirs v. WaringSupreme Court of Alabama · 1854
- Cameron v. AbbottSupreme Court of Alabama · 1857
- Singleton v. GayleSupreme Court of Alabama · 1838
- King v. JemisonSupreme Court of Alabama · 1859
- Edwards v. EdwardsSupreme Court of Alabama · 1857
3Cited by5 opinions
- Tankersly v. PettisSupreme Court of Alabama · 1881
- Irwin v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1925
- Collins v. SmithSupreme Court of Alabama · 1908
- Wright v. MaySupreme Court of Alabama · 1867
- Lowe v. FulfordSupreme Court of Alabama · 1983