Olds v. Powell
Supreme Court of Alabama
Error to the Circuit Court of .Dallas. Detinue by the defendant in error, against the plaintiff in error, to recover a female slave named Susan.
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Error to the Circuit Court of .Dallas. Detinue by the defendant in error, against the plaintiff in error, to recover a female slave named Susan. Upon the trial of the cause it appeared, that the defendant had intermarried with the daughter of the plaintiff, and that the slave in question, with two others, were sent home to the defendant, about the 25th January, 1841, when he commenced housekeeping; and the question was, whether this was an absolute, or only a qualified gift of the slaves. To prove that it was the latter, the plaintiff offered to read the deposition of Frances Powell, and the…
1Opinion of the CourtOrmond, J.
When this case was here previously, (reported in 7 Ala. 652, and 9 Id. 861,) we held, that the declarations of the father in law, made at or about the time the slaves were sent home, to the son in law, were evidence of his intention as to the character of the estate intended to be created, and that proof of such declarations at any period between the time of the marriage and sending home the slaves, was competent. '
The objection to Miss Powell’s deposition, or to the part objected to, is, that it does not appear the declarations were, made in the presence of the parties; and to Mrs. Gilmer’s,…
2Cases cited2 opinions
- Planters' & Merchants' Bank of Mobile v. BorlandSupreme Court of Alabama · 1843
- Olds v. PowellSupreme Court of Alabama · 1845
3Cited by9 opinions
- Cowan & Co. v. SappSupreme Court of Alabama · 1883
- Lockett v. HurtSupreme Court of Alabama · 1876
- Ex Parte FrenchSupreme Court of Alabama · 1989
- Douge v. PearceSupreme Court of Alabama · 1848
- Morris v. StateAlabama Court of Appeals · 1930
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