Myers v. Peek's Administrator
Supreme Court of Alabama
Writ of error to the Circuit Court of Walker. This was an action of trover by the defendant in error, against the plaintiff, to recover damages for a negro slave named Lucy, alledged to have been converted while she was the property of the intestate. The cause was tried on issues upon the pleas of “ not guilty” and “ the statute of limitations.” On the trial, the defendant below excepted to the ruling of the presiding Judge.
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Writ of error to the Circuit Court of Walker. This was an action of trover by the defendant in error, against the plaintiff, to recover damages for a negro slave named Lucy, alledged to have been converted while she was the property of the intestate. The cause was tried on issues upon the pleas of “ not guilty” and “ the statute of limitations.” On the trial, the defendant below excepted to the ruling of the presiding Judge. From the bill of exceptions, it appears, that the plaintiff offered in evidence a bill of sale, dated the 4th November, 1831, executed by James Peek, by which he…
1Opinion of the CourtCollier, C. J.
— Although the paper by which James Peek proposed to transfer the slave Lucy to the intestate, recites a valuable consideration, yet it is competent for a creditor or purchaser to show, that the transfer was not induced by money, or any thing of value ; but that the true consideration was, the natural love and affection which the father cherished for his son; and as the proof shows such to have been the character of the transaction, we will consider it upon the hypothesis, that it was intended as a gift.
By the second section of the statute of frauds, it is enacted,, that if “ any conveyance…
2Cases cited3 opinions
- Baylor v. Smithers' heirsCourt of Appeals of Kentucky · 1822
- Cutler v. HintonSupreme Court of Virginia · 1828
- Boyd v. StainbackSupreme Court of Virginia · 1817
3Cited by14 opinions
- Ohmer v. BoyerSupreme Court of Alabama · 1889
- Smith & Co. v. ZurcherSupreme Court of Alabama · 1846
- Gilliland v. FennSupreme Court of Alabama · 1890
- Newman v. JamesSupreme Court of Alabama · 1847
- Hudnall v. PaineSupreme Court of Florida · 1897
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