Gardner v. Boothe
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before the Hon. Eobekt Dougheety. This action was brought by John’Boothe, as trustee of Mrs. Eliza Bettner, against Mrs. Mary K. G-ardner, to recover certain slaves, together with damages for their detention.
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Appeal from the Circuit Court of Dallas. Tried before the Hon. Eobekt Dougheety. This action was brought by John’Boothe, as trustee of Mrs. Eliza Bettner, against Mrs. Mary K. G-ardner, to recover certain slaves, together with damages for their detention. The plaintiff’s title was founded on a deed from Charles Bettner, the husband of Mrs. Mary Bettner, dated the 27th October, 1845, by which one of the slaves, Paralee by name, who subsequently gave birth to all the others in controversy, was conveyed to said Boothe, in trust for the sole and separate use of Mrs. Bettner; while the defendant…
1Opinion of the CourtWalker, J.
— It is contended for tbe appellant, who *189was the defendant below, that under the law of Mississippi, as set forth in the decisions which were read in evidence on the trial, that a complete title to the female slave who is the mother of all the others in controversy, vested in Mrs. Bettner; and that, consequently, Mrs. Bettner’s husband had no title which he could convey by the deed of trust under which the plaintiff claims. The defendant thus, in effect, asserts the proposition, that there is outstanding in Mrs. Bettner, who is, as to this controversy, a third person, a title paramount to…
2Cases cited8 opinions
- McCravey v. RemsonSupreme Court of Alabama · 1851
- Pollard v. CockeSupreme Court of Alabama · 1851
- Miller v. Jones' AdministratorSupreme Court of Alabama · 1855
- Seabury v. Doe ex dem. StewartSupreme Court of Alabama · 1853
- Stiles & Co. v. LightfootSupreme Court of Alabama · 1855
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Coffey v. Norwood & NorwoodSupreme Court of Alabama · 1886
- Foster v. Chamberlain & Co.Supreme Court of Alabama · 1867
- Gilliland v. FennSupreme Court of Alabama · 1890
- McGinnis v. SavageWest Virginia Supreme Court · 1887
- Pruitt v. GunnSupreme Court of Alabama · 1907
7 more not listed; retrieve them via the Exa API.