Catterlin v. Hardy
Supreme Court of Alabama
Writ of Error to the Court of Chancery for the 2d District.. This bill is. filed by Wm. A. Hardy and others, as children of Robert Hardy, sen., against Catterlin.
Read the full summary
Writ of Error to the Court of Chancery for the 2d District.. This bill is. filed by Wm. A. Hardy and others, as children of Robert Hardy, sen., against Catterlin. The case made by it is this, viz : In February, 1831, in the state of North-Carolina, John Hardy, the father of Robert Hardy, sen., executed a deed of gift for certain slaves, among which was a woman named Jenny, conveying the said slaves as a loan “ to Robert Hardy and his wife Olive, during their natural life-time, and after their decease to their children lawfully begotten between them.” This slave Jenny has issue Bene and…
1Opinion of the CourtGoldthwaite, J.
1. This cause was heard by consent on the bill, answers and exhibits, and this consent, under the 11th rule of chancery practice, dispenses with the necessity for proof of the answer, even when it asserts new matter ; but in the present case, no consequence flows from the defendant’s assertion that the deed was not recorded in the manner prescribed by the laws of North-Carolina. We can not intend that the omission to record the deed had the effect to enlarge the apparent life estate of the first donee into a fee. If the question was here between a creditor of the donor and the donee, it might…
2Cases cited3 opinions
- Swift v. FitzhughSupreme Court of Alabama · 1839
- Price v. PriceSupreme Court of Alabama · 1843
- Lewis v. HudsonSupreme Court of Alabama · 1844
3Cited by10 opinions
- First National Bank of Wellsburg v. KimberlandsWest Virginia Supreme Court · 1880
- Robinson v. SchlySupreme Court of Georgia · 1849
- Lyde v. TaylorSupreme Court of Alabama · 1850
- Fralick v. PresleySupreme Court of Alabama · 1856
- McCoy v. OdomSupreme Court of Alabama · 1852
5 more not listed; retrieve them via the Exa API.