Branch Bank at Montgomery v. Wilkins
Supreme Court of Alabama
Writ of error to Circuit Court of Coosa. Claim of property interposed, under the statute, by Thomas T. Wilkins as trustee of Ann T. Wilkins, to a slave levied on by the sheriff of Coosa, by virtue of an execution, at the suit of the Bank, against the goods, chattels, &c., of Thomas G. Wilkins, Thomas T. Wilkins, and William L. A. McLeray.
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Writ of error to Circuit Court of Coosa. Claim of property interposed, under the statute, by Thomas T. Wilkins as trustee of Ann T. Wilkins, to a slave levied on by the sheriff of Coosa, by virtue of an execution, at the suit of the Bank, against the goods, chattels, &c., of Thomas G. Wilkins, Thomas T. Wilkins, and William L. A. McLeray. An issue was made up between the parties, and at the trial, the claimant, to support his claim as trustee, gave in evidence a deed executed by himself, in the year 1834, in the State of Georgia; which deed recites, “ that forasmuch as a marriage ceremony had…
1Opinion of the CourtGoldthwaite, J.
— The decision of the Circuit Court, sustaining the title of the claimant to the slave in controversy, *592may have been made with relation to the quantity of interest which the defendant in execution had under the deed; or it may have been made with reference to the distinction between an equitable and a legal estate. We shall consider the cause in both aspects.
There is nothing upon the deed itself to induce the conclusion, that the husband either intended to convey, or supposed he was actually conveying, an estate in trust for the separate use of his wife. The deed recites, that a marriage had…
2Cases cited1 opinion
- Harkins v. CoalterSupreme Court of Alabama · 1835
3Cited by4 opinions
- Shrout v. SealeSupreme Court of Alabama · 1971
- Cook v. KennerlySupreme Court of Alabama · 1847
- Johnson's Adm'r v. JohnsonSupreme Court of Alabama · 1858
- Hale v. StoneSupreme Court of Alabama · 1848