Murphy v. Branch Bank at Mobile
Supreme Court of Alabama
Error to the Circuit Court of Monroe, Tried before the John Hon. Bragg. This was a trial of the right of property in several slaves, levied on under an execution, in favor of the defendant in error, against Alonzo B. Dossey, and claimed by the plaintifF in error, as the trustee of Mary M. Dossey, wife of the said Alonzo B. The plaintiff in execution introduced proof of possession by said Alonzo B. of the slaves in controversy, at the time of the levy, and of their value.
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Error to the Circuit Court of Monroe, Tried before the John Hon. Bragg. This was a trial of the right of property in several slaves, levied on under an execution, in favor of the defendant in error, against Alonzo B. Dossey, and claimed by the plaintifF in error, as the trustee of Mary M. Dossey, wife of the said Alonzo B. The plaintiff in execution introduced proof of possession by said Alonzo B. of the slaves in controversy, at the time of the levy, and of their value. The claimant proved, that Mary1 M. Dossey is the daughter of one John Murphy, who was o'nce the owner of certain slaves,…
1Opinion of the CourtDargan, J.
It is clear that the claimant and all the parties to the deed are estopped from denying that Dossey, the grantor, was the owner of the slaves, at the time the deed was executed. But as the deed conveyed the legal tille to the *94claimant, the question is, whether lie can be permitted to show, by parol proof, that the deed was not voluntary, but was executed on a valuable consideration, which is not expressed in it. The consideration expressed in the deed is, the anxiety of the grantor to provide for his wife, and one dollar, in cash paid. The parol proof was, that the slaves belonged to John…
2Cases cited5 opinions
- Kennedy's Heirs v. Kennedy's HeirsSupreme Court of Alabama · 1841
- Davenport v. MasonMassachusetts Supreme Judicial Court · 1818
- Mead v. StegerSupreme Court of Alabama · 1837
- R. Bishop's Heirs v. Adm'r & Heirs of S. BishopSupreme Court of Alabama · 1848
- Sledge's Adm'rs v. CloptonSupreme Court of Alabama · 1844
3Cited by19 opinions
- Patton v. BeecherSupreme Court of Alabama · 1878
- Hubbard v. AllenSupreme Court of Alabama · 1877
- Kinnebrew's Distributees v. Kinnebrew's AdministratorsSupreme Court of Alabama · 1860
- Houston v. BlackmanSupreme Court of Alabama · 1880
- Webb v. Webb's HeirsSupreme Court of Alabama · 1857
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