Calhoun v. Cozens
Supreme Court of Alabama
This cause comes here by appeal, from the Chancery Court sitting at Tuscaloosa. ■ • ’ ■ THE appellant describing herself as the wife of Ewing F. Calhoun, filed' her-bill by her next friend, Alexander J. Calhoun, in which she sets forth, that on the 23d of June, 1840, in the county of Rutherford, in the State of North Carolina, Henry Me Aden, of the county of Caswell, in the same' State, in consideration of love and affection,'and the sum' of five dollars, paid him by her,…
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This cause comes here by appeal, from the Chancery Court sitting at Tuscaloosa. ■ • ’ ■ THE appellant describing herself as the wife of Ewing F. Calhoun, filed' her-bill by her next friend, Alexander J. Calhoun, in which she sets forth, that on the 23d of June, 1840, in the county of Rutherford, in the State of North Carolina, Henry Me Aden, of the county of Caswell, in the same' State, in consideration of love and affection,'and the sum' of five dollars, paid him by her, did give, grant and sell her, the following negro slaves,'for life, viz: Jane, a woman about twenty-four years of age,…
1Opinion of the CourtCollier, C. J.
It is insisted that the bill is defective in not reciting the provisions of the statute of Mississippi, referred to in the deed from McAden to the complainant. The bill would certainly, have been more technically accurate in the statement of the case, if it had been thus framed, but the want of technicality in this respect, is not a fatal objection; for the omission to recite the act, is cured by the allegation, that the slaves in question were bona fide the property of the complai-*502nantj-at .the time, the defendants attachment was levied upon them-^-were given to her by “ Henry McAden, to be…
2Cases cited1 opinion
- Roberts v. AndersonNew York Court of Chancery · 1816
3Cited by11 opinions
- Columbus & Western Railway Co. v. WitherowSupreme Court of Alabama · 1886
- Sims v. RigginsSupreme Court of Alabama · 1917
- Woodward v. StateSupreme Court of Alabama · 1911
- Colburn v. BroughtonSupreme Court of Alabama · 1846
- Mobile & Montgomery Railway Co. v. Alabama Midland Railway Co.Supreme Court of Alabama · 1898
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