Bell v. Pharr
Supreme Court of Alabama
Writ of error to the Circuit Court of Talladega. Detinue by Pharr, and Beck, v. Bell, to recover certain slaves. The declaration describes most of the slaves by their names and ages, but in some instances, when describing children, omits their names. As thus, Harriet, a woman about twenty-four years old, and her four children, viz: a boy about eight years old, a boy about six years old, and two other younger children of the said Harriet.
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Writ of error to the Circuit Court of Talladega. Detinue by Pharr, and Beck, v. Bell, to recover certain slaves. The declaration describes most of the slaves by their names and ages, but in some instances, when describing children, omits their names. As thus, Harriet, a woman about twenty-four years old, and her four children, viz: a boy about eight years old, a boy about six years old, and two other younger children of the said Harriet. And again: Milley, a girl, about nineteen years old, and her two children, viz: a boy about two years old, and her infant child. The separate value of each…
1Opinion of the Court
GOLDTHWAITE. J.
— The omission of the jury to ascertain the several values of all the slaves, covered by their verdict, being carried into the judgment, is a fatal defect, and was so held in an action of the same kind for the recovery of patents for land, in the case of Cummings v. Tindall, 4 S. & P. 357; and afterwards in Haynes v. Crutchfield, supra. It is certainly true, that our Courts have never recognized any course of proceeding; tending to authorize a forced separation of children of tender years from their parents, when slaves ; but no such principle seems involved here, as the…
2Cases cited4 opinions
- Bettis v. TaylorSupreme Court of Alabama · 1839
- Starke v. Keenan's ex'rsSupreme Court of Alabama · 1843
- Vaughn v. WoodSupreme Court of Alabama · 1843
- Baker v. BlackburnSupreme Court of Alabama · 1843
3Cited by16 opinions
- Burns v. CampbellSupreme Court of Alabama · 1882
- Lay's v. Lawson's Adm'rSupreme Court of Alabama · 1853
- Gwin v. Emerald Co.Supreme Court of Alabama · 1918
- Dryer v. LewisSupreme Court of Alabama · 1877
- Frank v. PickensSupreme Court of Alabama · 1881
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