Ferguson v. Ferguson
Texas Supreme Court
Appeal from Washington. Tried below before the Hon. R. E. B. Baylor. This suit was brought by Napoleon B. Ferguson, William Murray and his wife Elizabeth A. V. Murray, against Robert A. Ferguson for the recovery of certain slaves.
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Appeal from Washington. Tried below before the Hon. R. E. B. Baylor. This suit was brought by Napoleon B. Ferguson, William Murray and his wife Elizabeth A. V. Murray, against Robert A. Ferguson for the recovery of certain slaves. The petition alleged that the defendant on the 27th day of October, 1845, in the county of Fayette, made, executed and delivered to said Napoleon and Elizabeth, his children, his certain deed of gift, among other things, for certain negro slaves therein named, (a copy of which, properly certified, was attached to and made a part of the petition;) that said deed was…
1Opinion of the CourtMoore, J.
The only question in this case depends upon the construction that should be given to the instrument of writing executed by Robert A. Ferguson, the appellee, on the 7th of October, 1845, in favor of the appellants, Napoleon B. Ferguson and Elizabeth A. Y. Murray. Shall this instrument be held to be a deed or a will ? The appellants, who were plaintiffs in the court below, allege in their petition that it was executed and delivered as a deed of gift, and with the intent and purpose of vesting in the donees an immediate and indefeasible title to the property embraced in it, to take effect in…
2Cases cited4 opinions
- Golding v. Golding's Adm'rSupreme Court of Alabama · 1854
- Horn v. GartmanSupreme Court of Florida · 1846
- Lyles v. LylesSupreme Court of South Carolina · 1820
- Wigle v. WigleSupreme Court of Pennsylvania · 1837
3Cited by17 opinions
- Rogers v. RewardTexas Supreme Court · 1880
- Adams v. MarisTexas Commission of Appeals · 1919
- Texas Pacific Coal & Oil Co. v. BruceCourt of Appeals of Texas · 1921
- Carlton v. CameronTexas Supreme Court · 1880
- Hart v. RustTexas Supreme Court · 1877
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