Cole v. Varner
Supreme Court of Alabama
Appeal from tbe Chancery Court of Lowndes. Heard before tbe Hon. Wade Keyes. The bill in this case was filed by Mrs. Susan E. Varner, suing by her nest friend, against her husband, William G. Varner, and John M. Cole; and sought to recover a slave named Milly, whom Mrs. Varner claimed as her separate property, under a deed of gift from her father, John Varner, and whom said Cole had purchased at sheriff’s sale, under execution against said "William G-. Varner.
Read the full summary
Appeal from tbe Chancery Court of Lowndes. Heard before tbe Hon. Wade Keyes. The bill in this case was filed by Mrs. Susan E. Varner, suing by her nest friend, against her husband, William G. Varner, and John M. Cole; and sought to recover a slave named Milly, whom Mrs. Varner claimed as her separate property, under a deed of gift from her father, John Varner, and whom said Cole had purchased at sheriff’s sale, under execution against said "William G-. Varner. The bill alleged, that complainant and said William G-. Varner were married in Lowndes county, Alabama, in 1837; that her father,…
1Opinion of the CourtWalkeb, J.
— Upon the proof in this case we decide, that the negro woman Sydna went at first into the possession of the complainant and her husband under a loan. That proof consists of the testimony of John Yarner, the father of the complainant, from whom the possession passed to her, and of the written admission of "William G-. Yarner, her husband. John Yarner testifies, that he loaned the slave to Susan E.; and that she retained possession under the loan, during a period of time which extended up to the making of the deed of gift, in 1842.
It is true that the law presumes a gift, when a father sends…
2Cases cited15 opinions
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- Nelson v. IversonSupreme Court of Alabama · 1853
- Thomas v. DegraffenreidSupreme Court of Alabama · 1850
- Colburn v. BroughtonSupreme Court of Alabama · 1846
- Williams v. MaullSupreme Court of Alabama · 1852
10 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Seals v. Robinson & Co.Supreme Court of Alabama · 1883
- Pickett v. PipkinSupreme Court of Alabama · 1879
- Mahone v. WilliamsSupreme Court of Alabama · 1863
- McCrory v. DonaldSupreme Court of Alabama · 1915
- Allen v. Caldwell, Ward & Co.Supreme Court of Alabama · 1906
7 more not listed; retrieve them via the Exa API.