Legal Opinion

Alexander v. Kennedy

Texas Supreme Court

Decided July 1, 1857PublishedCited by 41 opinions

Error from Lamar. Tried below before the Hon. William S. Todd. Suit by plaintiff in error against defendants in error, commenced March 14th, 1855. The petition alleged the marriage of the plaintiff to a daughter of defendants, in March, 1849, in this State; a gift of six slaves, “ a short time after” the marriage, by the defendants to plaintiff’s wife ; the possession of the slaves by plaintiff up to the period of his wife’s death; that, sometime in the year 1853,…

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Error from Lamar. Tried below before the Hon. William S. Todd. Suit by plaintiff in error against defendants in error, commenced March 14th, 1855. The petition alleged the marriage of the plaintiff to a daughter of defendants, in March, 1849, in this State; a gift of six slaves, “ a short time after” the marriage, by the defendants to plaintiff’s wife ; the possession of the slaves by plaintiff up to the period of his wife’s death; that, sometime in the year 1853, plaintiff’s wife became seriously ill, and plaintiff removed with her and the slaves to the residence of defendants, where they…

1Opinion of the Court

Hemphill, Ch. J.

This suit was brought March 14th, 1855, for the partition of certain slaves, who had been delivered by *491the defendants, Kennedy and wife, to their daughter after her intermarriage with Alexander, the plaintiff. The statement of facts, after reciting the delivery of the slaves as above, and their value, continues to the effect that the negroes were taken by Mrs. Alexander to her home, and after remaining there with her and her husband about two years, owing to Mrs. Alexander’s health, she and her husband returned with the negroes to defendants, where Mrs. Alexander died in June,…

2Cases cited4 opinions

  1. Law v. PattersonSupreme Court of Pennsylvania · 1841
  2. Chambers v. PleakCourt of Appeals of Kentucky · 1838
  3. Hart v. GreggSupreme Court of Pennsylvania · 1840
  4. Shultz v. MorrisonCourt of Appeals of Kentucky · 1860

3Cited by41 opinions

  1. Unger v. MooneyCalifornia Supreme Court · 1883
  2. Todd v. BrunerTexas Supreme Court · 1963
  3. Stiles v. HawkinsTexas Commission of Appeals · 1918
  4. Sadler v. DuvallCourt of Appeals of Texas · 1991
  5. Phillipson v. FlynnTexas Supreme Court · 1892

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