Legal Opinion

Chapman's Adm'x. v. Turner

Court of Appeals of Virginia

Decided May 14, 1798PublishedCited by 18 opinions

Elizabeth, Chapman, administratrix of Richard Chapman, brought a bill in the High Court of Chancery against John Turner and Jedediah Turner, stating, that the said Richard Chapman being distressed, borrowed 30/. of John Turner, and as a security pledged and mortgaged a valuable negro woman of about 18 years of age, and worth 50/. That Tiirner took an instrument, by which it would appear, that the said slave was pledged as a security for the re-payment of money.

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Elizabeth, Chapman, administratrix of Richard Chapman, brought a bill in the High Court of Chancery against John Turner and Jedediah Turner, stating, that the said Richard Chapman being distressed, borrowed 30/. of John Turner, and as a security pledged and mortgaged a valuable negro woman of about 18 years of age, and worth 50/. That Tiirner took an instrument, by which it would appear, that the said slave was pledged as a security for the re-payment of money. That it was out of Chapman’s power to re-pay the money on the day; whereupon Turner claimed the slave as his property, and sold her…

1Opinion of the Court

ROANE, Judge.

Upon an attentive review of the testimony in this cause, I must he of opinion, that the intention of the parties was, that there should be a conditional sale of the slave in question. This intention, indeed, must be clearly proved, or necessarily implied from the' attendant circumstances, or the general rule authorising a redemption, will not be departed from. 1 Pow. on Mortg. 165.

As the line of discrimination, between mortgages and these defeasible sales, cannot well be marked out by any general rule, every case as to the true nature of the transaction, and the intention of the…

2Cases cited2 opinions

  1. Roberts's Administrator v. CockeSupreme Court of Virginia · 1882
  2. Pennington v. HanbySupreme Court of Virginia · 1814

3Cited by18 opinions

  1. Lawrence v. DuBoisWest Virginia Supreme Court · 1880
  2. Klinck v. PriceWest Virginia Supreme Court · 1870
  3. Hoffman v. RyanWest Virginia Supreme Court · 1883
  4. Hughes v. SheaffSupreme Court of Iowa · 1865
  5. Wilson v. LinderIdaho Supreme Court · 1910

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