Blakey v. Heirs of Blakey
Supreme Court of Alabama
Error to the Chancery Court at Barbour. The bill was filed by the defendants in error, a portion of the heirs of Jesse Blakey, and charges, that Jesse Blakey died possessed of a considerable personal and real estate, free from debt. That Asa Blakey was appointed administrator, and possessed himself of the personal estate, including a number of slaves.
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Error to the Chancery Court at Barbour. The bill was filed by the defendants in error, a portion of the heirs of Jesse Blakey, and charges, that Jesse Blakey died possessed of a considerable personal and real estate, free from debt. That Asa Blakey was appointed administrator, and possessed himself of the personal estate, including a number of slaves. That Silas Blakey, with the consent of the administrator, has sold some baled cotton, belonging to the-estate, and collected money due to it, and retains the same in his hands. That the administrator had not made to the Orphans’ Court a true…
1Opinion of the CourtOrmond, J.
Upon the merits, this case is clearly with, the defendants in error. It is satisfactorily proved by many witnesses, that the deceased remained in possession of the^ slaves until his death, exorcising ownership over them. There appears, it is true, to have been a rumor in-the neighborhood, that the slaves belonged to the sons, who claim them, and declarations of the father are proved, which might lead to such a conclusion; hnt these are not sufficient to divest his title. Nothing is proved, which in law would amount to a gift. The deeds of gift said to have been executed in 1831, are not…
2Cited by16 opinions
- Waring v. LewisSupreme Court of Alabama · 1875
- Watts v. GayleSupreme Court of Alabama · 1852
- Tillery v. Commercial Nat. Bank of AnnistonSupreme Court of Alabama · 1941
- Baker v. MitchellSupreme Court of Alabama · 1895
- Hunley v. HunleySupreme Court of Alabama · 1848
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