Bell v. Hogan
Supreme Court of Alabama
John J. Bell and Anne S. Bell, his wife, brought an action of detinue in the Circuit Court of Franklin county, against Arthur S. Hogan, to recover twelve negroes claimed under a will, iri which a trial was had at the spring term, 1827. It appeared in evidence, that in 1798, Thomas B. Whit-mell, the father of Anne S. the plaintiff’s wife, by a clause in his will, bequeathed the negroes in question to his daughter Elizabeth West Whitmell, in the following words: “I lend to my…
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John J. Bell and Anne S. Bell, his wife, brought an action of detinue in the Circuit Court of Franklin county, against Arthur S. Hogan, to recover twelve negroes claimed under a will, iri which a trial was had at the spring term, 1827. It appeared in evidence, that in 1798, Thomas B. Whit-mell, the father of Anne S. the plaintiff’s wife, by a clause in his will, bequeathed the negroes in question to his daughter Elizabeth West Whitmell, in the following words: “I lend to my daughter Elizabeth West Whit-mell, six negroes, (naming them,) and their increase, during her na’ural life ; and if my…
1Opinion of the Court
By CHIEF JUSTICE LIPSCOMB.
The question for our consideration is clearly one of construction, dépending on the intention-of. the testator. To ascertain what was his intention, we should not be bound down too strictly to the technical import of words; *538but should endeavor to explore the intention, by giving the plain ordinary meaning, such as would be attached to them in common parlance. The objection is but too well-founded, that it is the business of lawyers and jurists to distort tbe meaning of plain and common sense language, and give to it a construction foreign from the intention, of the…
2Cited by11 opinions
- Flinn v. DavisSupreme Court of Alabama · 1850
- Parsons v. BoydSupreme Court of Alabama · 1852
- Mason v. Pate'sSupreme Court of Alabama · 1859
- Miller v. EatmanSupreme Court of Alabama · 1847
- McVay's Adm'r v. IjamsSupreme Court of Alabama · 1855
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