Mitchell v. Gates
Supreme Court of Alabama
Error to the Circuit Court of Franklin. Tried before the Hon. Thomas A. Walker. Detinue by Reuben Mitchell, the plaintiff in error, as administrator of Philip Gates, deceased, against Valentine Gates, the defendant in error, for certain slaves.
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Error to the Circuit Court of Franklin. Tried before the Hon. Thomas A. Walker. Detinue by Reuben Mitchell, the plaintiff in error, as administrator of Philip Gates, deceased, against Valentine Gates, the defendant in error, for certain slaves. The defendant relied on a purchase from the wife of said Philip Gates, made after her marriage, she claiming a separate estate in them under the following deed, made by herself: “ This indenture, made this 22nd day of January, 1825, between Margarer Henley of the first part and Elijah Henley of the second part, witnesseth : That, for and in…
1Opinion of the CourtPhelan, J.
The main question to bo deckled here relates to the true construction of this deed in trust, made by Margaret Henley to Elijah Henley, the day before her marriage with Philip Gates.
Tho rule now well settled in relation to all such deeds, is this, that to exclude the right of tho husband from attaching to the personal chattels of the wife, which is and always has been considered a right upon which tho law looks wit!) favor, the deed itself must show a clear and plain intention to that effect. Tho law makes one rule, conceived to be a good one ; now, by that same law, a single woman, or her…
2Cases cited6 opinions
- Coleman v. Robertson's ExecutorsSupreme Court of Alabama · 1849
- Pollard v. MerrillSupreme Court of Alabama · 1849
- Cook v. KennerlySupreme Court of Alabama · 1847
- Strong v. GregorySupreme Court of Alabama · 1851
- Brown v. JohnsonSupreme Court of Alabama · 1850
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Johnson's Adm'r v. JohnsonSupreme Court of Alabama · 1858
- Caldwell v. Pickens' Adm'rSupreme Court of Alabama · 1864
- Conner v. WilliamsSupreme Court of Alabama · 1876