Broome v. King
Supreme Court of Alabama
Writ of Error to the Circuit Court of Sumter. Trover, by J. C. Broome, J. A. Bradford, M. A. Broome and S. Broome against David Curry, for the conversion of a slave. Curry died during the pendency of the suit, and King was made a party as his administrator.
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Writ of Error to the Circuit Court of Sumter. Trover, by J. C. Broome, J. A. Bradford, M. A. Broome and S. Broome against David Curry, for the conversion of a slave. Curry died during the pendency of the suit, and King was made a party as his administrator. The plaintiffs made title to the slave under the will of Joseph Pack, senior, who died in South-Carolina previous to 1827, and by the terms of his will, directed* certain of his personal estate, after the death of his wife, to be sold by his executors, and the proceeds te be equally divided between his surviving children, to be held by…
1Opinion of the CourtGoldthwaite, J.
It will be seen, this cause went off by a non-suit in the court below, for the supposed defect in making Bradford a plaintiff without joining his wife. In determining the question thus presented, we shall endeavor to avoid every thing like a committal upon the point, whether the plaintiffs have, or have not, any title under the will of Mr. Pack, to enable them to recover for the conversion of the slave. We think it well established, at least in the courts of this State, as well as several of the other slave holding States, that when an estate in remainder of slaves has vested in the wife,…
2Cases cited4 opinions
- Banks' Adm'r. v. MarksberryCourt of Appeals of Kentucky · 1823
- Jackson v. Mancius & Van-DerheydenNew York Supreme Court · 1829
- Pitts v. CurtisSupreme Court of Alabama · 1842
- Magee v. TolandSupreme Court of Alabama · 1838
3Cited by11 opinions
- Pickens v. OliverSupreme Court of Alabama · 1857
- Pickett v. Doe ex rel. PopeSupreme Court of Alabama · 1883
- Thrasher v. IngramSupreme Court of Alabama · 1858
- Hemphill v. MoodySupreme Court of Alabama · 1879
- Bishop v. JohnsonSupreme Court of Alabama · 1942
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