Cox's Adm'r v. McKinney
Supreme Court of Alabama
[DETIXDE roil SLAVES.] Appeal from the Circuit Court of Marengo. Tried before the Hon. Robt. Dougherty. This action was brought by the administrator of Scriven S. Cox, deceased, against Burwell KcKinney, to recover several staves, together with damages for their detention from tbe 1st January, 1848. In the. marginal statement of the parties in the complaint, the words “adm’r of Scriven E. Cox, deceased,” followed the plaintiff’s name; but the complaint did uot otherwise show…
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[DETIXDE roil SLAVES.] Appeal from the Circuit Court of Marengo. Tried before the Hon. Robt. Dougherty. This action was brought by the administrator of Scriven S. Cox, deceased, against Burwell KcKinney, to recover several staves, together with damages for their detention from tbe 1st January, 1848. In the. marginal statement of the parties in the complaint, the words “adm’r of Scriven E. Cox, deceased,” followed the plaintiff’s name; but the complaint did uot otherwise show that the suit was brought by him in his representative character. No pleas appear in the record. It appeared from the…
1Opinion of the CourtWalker, J.
The legacy created by the wjj.ll of John Cox, in favor of Scriven Cox, was certainly a vested, not a contingent legacy. — Savage v. Benham, 17 Ala. 127; McLemore v. McLemore, 8 Ala. 690; McLeod v. McDonald, 6 Ala. 236; Travis v. Morrison, 28 Ala. 494; Nixon v. Robbins, 24 Ala. 663.
[2.] The division of the slaves betwreen Scriven Cox and her brother (Robert S. Cox) by the executor, and his subsequent uniform admission that the shares into which the slaves wrnre thus divided belonged respectively to Scriven and Robert S. Cox, authorize the implication of the executor’s assent to the legacy. —…
2Cases cited10 opinions
- Crimm's Adm'rs v. CrawfordSupreme Court of Alabama · 1857
- Travis v. MorrisonSupreme Court of Alabama · 1856
- Savage v. BenhamSupreme Court of Alabama · 1849
- McLeod v. McDonnelSupreme Court of Alabama · 1844
- Weaver v. JonesSupreme Court of Alabama · 1854
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Bethea v. BetheaSupreme Court of Alabama · 1896
- Wynne v. WalthallSupreme Court of Alabama · 1860
- Tarver v. SmithSupreme Court of Alabama · 1861
- Blackwell v. HamiltonSupreme Court of Alabama · 1872
- Bethea's v. SmithSupreme Court of Alabama · 1867