Love v. Crook
Supreme Court of Alabama
Appeal from the Chancery Court of Benton. Heard before the Hon. James B. Claek. This suit was founded on the following contract:— “ Articles of agreement, made and entered into this 18th of March, 1844, between Thomas Baper, of the county of Cherokee and State of North Carolina, of the one part, and J. B. Love, of the county of Hayward and State of North Carolina, of the other part, witnessath, That, for the consideration hereinafter mentioned, the said J ames B. Love doth…
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Appeal from the Chancery Court of Benton. Heard before the Hon. James B. Claek. This suit was founded on the following contract:— “ Articles of agreement, made and entered into this 18th of March, 1844, between Thomas Baper, of the county of Cherokee and State of North Carolina, of the one part, and J. B. Love, of the county of Hayward and State of North Carolina, of the other part, witnessath, That, for the consideration hereinafter mentioned, the said J ames B. Love doth hereby agree to bargain, soli, and convey unto the said Thomas Baper three negro slaves, named Perry, aged about…
1Opinion of the CourtRice, J.
We will not say, that an executory agreément cannot, in any case, have the same practical effect as an actual conveyance, so far as it. may concern personal property., Franklin v. Hunt, 7 J. J. Marsh. 338; McDowell v. Hall, 2 Bibb, 610. But we hold it to be quite clear, that the agreement entered into by the appellant and Thomas Raper on the 18th March, 1844, shown in the exhibit to the bill, did not, per se, convey, transfer, or pass the le'gal title to the slaves therein mentioned, from the appellant to said Raper. On the contrary, that agreement shows that the appellant retained the legal…
2Cited by3 opinions
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- Brewton v. WatsonSupreme Court of Alabama · 1880
- Evans v. GivensSupreme Court of Florida · 1886