Williams v. McConico
Supreme Court of Alabama
■Appeal from the Circuit Court of Sumter. Tried before the Hon. Porter King. ■This action was brought by the appellants, wbo the children of James 0. and Prudence "Williams, were both deceased, against Christopher S. McConieo, to recover certain slaves, -which the plaintiffs claimed under a deed of gift from their maternal grandfather, William Thompson, and of which the defendant held possession as the administrator of said James O. Williams.
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■Appeal from the Circuit Court of Sumter. Tried before the Hon. Porter King. ■This action was brought by the appellants, wbo the children of James 0. and Prudence "Williams, were both deceased, against Christopher S. McConieo, to recover certain slaves, -which the plaintiffs claimed under a deed of gift from their maternal grandfather, William Thompson, and of which the defendant held possession as the administrator of said James O. Williams. The plaintiffs read in evidence on the trial, without objection from the defendant, a certified copy of the deed of gift from said Thompson, which was…
1Opinion of the CourtR. W. Walker, J.
The donor employs three different expressions, (all having different significations, if technically understood,) to designate the same persons— to-wit, at one place “children," at others, “heirs of the body,” and at still another, “an heir.” This circumstance-very clearly indicates, that the instrument was prepared by a person- not familiar with the precise- meaning of the-technical phrases employed ; and in construing it, much greater latitude is-allowable, than would be indulged in the construction* of a deed bearing upon its face evidence of having been* drawn by one who was accurate in…
2Cases cited11 opinions
- Hannan v. OsbornNew York Court of Chancery · 1834
- Andrews v. Huckabee's Adm'rSupreme Court of Alabama · 1857
- Vanzant v. MorrisSupreme Court of Alabama · 1854
- Elmore v. MustinSupreme Court of Alabama · 1856
- Morgan v. MorganSupreme Court of Connecticut · 1813
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3Cited by16 opinions
- Porter v. HendersonSupreme Court of Alabama · 1919
- May v. RitchieSupreme Court of Alabama · 1880
- Shuttle & Weaver Land & Improvement Co. v. BarkerSupreme Court of Alabama · 1912
- Jones v. Woodstock Iron Co.Supreme Court of Alabama · 1891
- Chicago Terminal Transfer Railroad v. WinslowIllinois Supreme Court · 1905
11 more not listed; retrieve them via the Exa API.