Hamner v. Smith
Supreme Court of Alabama
Error to the Circuit Court of Wilcox. Tried before the Hon. Ezekiel PiokeNS. This was an action of trover, brought by the plaintiff iu error,'as the administrator of Mary Williamson, deceased, to recover for the conversion of five negro slaves; and the court having decided upon a question of law, during the progress of the trial, adversely to the plaintiff, he took a bill of exceptions, which was sealed by the presiding judge, and submitted to a non-suit under the statute,…
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Error to the Circuit Court of Wilcox. Tried before the Hon. Ezekiel PiokeNS. This was an action of trover, brought by the plaintiff iu error,'as the administrator of Mary Williamson, deceased, to recover for the conversion of five negro slaves; and the court having decided upon a question of law, during the progress of the trial, adversely to the plaintiff, he took a bill of exceptions, which was sealed by the presiding judge, and submitted to a non-suit under the statute, which he now moves to set aside. It appears from the bill of exceptions, that the plaintiff’s intestate had the slaves in…
1Opinion of the Court
CHILTON, C. J’.
The question to be decided by us is, whether the deed from Alexander Graham vested in the intestate the absolute property or only a life interest in the slave Eliza, who is the mother of the other slaves in controversy.
The cardinal rule which must govern in all such inquiries is, to arrive, if possible, at the true intent and meaning of the grantor, from a fair consideration of the whole instrument, and then to give effect to such intention, if it can be done without a violation of any rule of law. In arriving at this intention, it is proper to have regard to the character of…
2Cases cited1 opinion
- Saunders v. Saunders' Adm'rSupreme Court of Alabama · 1852
3Cited by22 opinions
- Anderson v. StateSupreme Court of Alabama · 1922
- Porter v. HendersonSupreme Court of Alabama · 1919
- May v. RitchieSupreme Court of Alabama · 1880
- Henry v. WhiteSupreme Court of Alabama · 1952
- Sanford v. Alabama Power Co.Supreme Court of Alabama · 1951
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