Rankin v. Bradford
Supreme Court of Virginia
Edward Carter, by his last, will and testament, proved and recorded in June 1792, made die following bequest: “ I give and bequeath to my son Charles Carter and Mr. Francis Thornton, four slaves, one male and three females, wot under the age of ten nor over the age of thirty years, in trust for the purpose of applying the profits of the said slaves to the maintenance of my daughter Jane Bradford and her husband Major Samuel K. Bradford and their children, during the lives of…
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Edward Carter, by his last, will and testament, proved and recorded in June 1792, made die following bequest: “ I give and bequeath to my son Charles Carter and Mr. Francis Thornton, four slaves, one male and three females, wot under the age of ten nor over the age of thirty years, in trust for the purpose of applying the profits of the said slaves to the maintenance of my daughter Jane Bradford and her husband Major Samuel K. Bradford and their children, during the lives of my said daughterand Major Bradford, and the longest liver of them, and after their deaths to be equally divided among…
1Opinion of the CourtCarr, J.
It seems to me, that the case is decidedly against the appellant.
Several objections to the decree, were taken in the argument. It was first contended, that this was not a fit case for equity. The bill being for a stock of negroes, which in the lapse of twenty years had increased very much, and were much scattered, the plaintiffs averred, that they could not without the aid of a discovery, ascertain the names, sexes and residence, of the slaves, so as to pursue their legal remedy. They also stated, that the defendants were *169about carrying them beyond the jurisdiction of the court. If this had…
2Cited by20 opinions
- Lamar's Ex'or v. HaleSupreme Court of Virginia · 1884
- Baltimore Bargain House v. St. ClairWest Virginia Supreme Court · 1906
- Wilson v. JacksonSupreme Court of Missouri · 1847
- Armstrong's adm'r v. PittsSupreme Court of Virginia · 1856
- Morehead v. New River Power Co.West Virginia Supreme Court · 1922
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