Walker v. Fenner
Supreme Court of Alabama
Appeal from the Circuit Court of Lauderdale. Tried before the Hon. Thomas A. WALKER. This action was brought by Thomas B. Fenner, Joseph F. Fenner, Richard H. Fenner, Julius Johnson and Mary H. Johnson, Ms wife, Margaret E. Eenner, Ann M. Eenner, and Lucy M. Eenner, (the two last named being infants, who sued by tbeir nest friend, Thomas B. Eenner,) against Leroy P. Walker, to recover two slaves, which they claimed under the will of John Howson, who was the uncle of their…
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Appeal from the Circuit Court of Lauderdale. Tried before the Hon. Thomas A. WALKER. This action was brought by Thomas B. Fenner, Joseph F. Fenner, Richard H. Fenner, Julius Johnson and Mary H. Johnson, Ms wife, Margaret E. Eenner, Ann M. Eenner, and Lucy M. Eenner, (the two last named being infants, who sued by tbeir nest friend, Thomas B. Eenner,) against Leroy P. Walker, to recover two slaves, which they claimed under the will of John Howson, who was the uncle of their father, Bobert Eenner. Said will was executed on the 18th March, 1842, in Halifax county, North Carolina, and contained…
1Opinion of the CourtRice, C. J.
The decision of this case cannot be influenced by any of our statutes, in relation to the rights which the husband acquires by the marriage to the property of his wife; because the facts, upon which the rights of the parties now before us depend, occurred before the adoption of any of those statutes.
When an estate in remainder, of slaves, has vested in the wife under a will, and, by the assent of the executor, has become a legal interest, and the possession is with the person having the precedent particular estate, and no adverse possession is shown, such vested legal interest of the wife,…
2Cases cited2 opinions
- Gibson v. LandSupreme Court of Alabama · 1855
- Magee v. TolandSupreme Court of Alabama · 1838
3Cited by17 opinions
- Pickens v. OliverSupreme Court of Alabama · 1857
- Pickett v. Doe ex rel. PopeSupreme Court of Alabama · 1883
- McLeod v. McLeodSupreme Court of Alabama · 1882
- Kowing v. . ManlyNew York Court of Appeals · 1872
- Thrasher v. IngramSupreme Court of Alabama · 1858
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