Anderson v. Dunn
Supreme Court of Arkansas
Appeal from the Circuit Court of Union County. Hon. A. A. Stitii, Circuit Judge. The deed of gift from Milton Holloway relied on by the ap-pellee, for title to the slave, Sam, is an imperfect voluntary gift, to take effect in the future, without a meritorious consideration — never acknowledged, or produced and recorded, and will not be enforced under the circumstances of this case, whatever may have been the intention of the parties.
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Appeal from the Circuit Court of Union County. Hon. A. A. Stitii, Circuit Judge. The deed of gift from Milton Holloway relied on by the ap-pellee, for title to the slave, Sam, is an imperfect voluntary gift, to take effect in the future, without a meritorious consideration — never acknowledged, or produced and recorded, and will not be enforced under the circumstances of this case, whatever may have been the intention of the parties. Dyer ct al. vs. Bean, 15 Ark. 533; Digest ch. 153, secs. 3-5; 1 Ark. 83; 3 Litlell 280; 7 J. J. Marsh. 204-9. If it was made by the assent of Joseph Holloway,…
1Opinion of the CourtChief Justice English
Replevin in the detinet, brought by Alcy Dunn, against John B. Anderson, in the Union Circuit Court, for the recovery of a negro man named Sam. Action commenced 20th January, 1854. Defendant pleaded, at June term, 1854:
1. Non detinet.
2. Property in defendant as executor of Joseph Holloway.
3. Property in the succession of Milly Holloway.
4. Property in Thomas Jones.
5. Property in Mary W. and Nancy A. Holloway.
Demurrer sustained to the third plea, and issues taken to the others.
Defendant also filed a notice that he would prove upon the trial, among other things, that his testator, Joseph…
2Cases cited7 opinions
- Rogers v. ArnoldNew York Supreme Court · 1834
- Hurst v. SelvidgeTennessee Supreme Court · 1847
- Jenison v. GravesIndiana Supreme Court · 1831
- Blagg v. HunterSupreme Court of Arkansas · 1854
- Davis v. CalvertSupreme Court of Arkansas · 1856
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Ferrell, Administratrix v. HollandSupreme Court of Arkansas · 1943
- Matlock v. BledsoeSupreme Court of Arkansas · 1905
- Spencer v. McDonaldSupreme Court of Arkansas · 1861