Kirksey v. Stewart & Lucius
Supreme Court of Alabama
Appeal from the Chancery Court at Tuskaloosa. Heard before the Hon. James B. Clark. The bill in this case was filed, on the 23d September, 1861, by Jared E. F. Kirksey, and Elizabeth Kirksey, his wife, against Stewart & Lucius, Robert H. Patterson, John W. Womack, and others.
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Appeal from the Chancery Court at Tuskaloosa. Heard before the Hon. James B. Clark. The bill in this case was filed, on the 23d September, 1861, by Jared E. F. Kirksey, and Elizabeth Kirksey, his wife, against Stewart & Lucius, Robert H. Patterson, John W. Womack, and others. Its material allegations may be thus stated: Mrs. Kirksey was the daughter of said Robert H. Patterson, and married said Jared E. F. Kirksey on the 5th October, 1858. In 1836, while said Elizabeth was a minor, and living with her father, he gave her verbally a negro woman, by name Mahala, who, with her increase since…
1Opinion of the CourtStone, J.
No question can arise in this case on the doctrine of marshalling securities. If the female complainant has any right to the slaves in controversy, it rests either on the alleged gift by Mr. Patterson, her father, made in 1S36, or on the trust deed executed by Mr. Patterson to Mr. Womack in 1840. If either of these alleged titles be worth anything, it must prevail over the attempt of Stewart & Lucius to subject the property to the payment of Mr. Patterson’s debt, contracted many years after-wards. The claim of the complainant is not an alleged lien, but a title to the property; either an…
2Cases cited2 opinions
- Calhoun v. CozensSupreme Court of Alabama · 1842
- Rainey v. RaineySupreme Court of Alabama · 1859
3Cited by1 opinion
- Hays v. CockrellSupreme Court of Alabama · 1867