Bethea v. McColl
Supreme Court of Alabama
ERROR to the Chancery Court at Cahawba. The bill in this case was filed by the defendants in error against the complainant and. wife, for an account of certain slaves and other property, conveyed to them by the plaintiff in error, by the following deeds: Know all men by these presents, that, I, Tristram Bethea, of the district of Marion, South-Carolina, in consideration of the friendship and intimacy, love and affection which I have and bear unto John McColl, Solomon S. P.…
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ERROR to the Chancery Court at Cahawba. The bill in this case was filed by the defendants in error against the complainant and. wife, for an account of certain slaves and other property, conveyed to them by the plaintiff in error, by the following deeds: Know all men by these presents, that, I, Tristram Bethea, of the district of Marion, South-Carolina, in consideration of the friendship and intimacy, love and affection which I have and bear unto John McColl, Solomon S. P. McColl, Daniel T. McColl, Philip B. McColl, and Tristram B. McColl, minors and sons of Daniel T. McColl, and also for…
1Opinion of the CourtOrmond, J.
The deeds under which the complainants derive their claim, convey to them a clear legal title in the slaves, and other property included in them. The clause which requires the donees to keep the property in the possession of their mother, for the use and benefit of the donees, excludes the idea that she had any interest either in the property itself, or its avails; and has the effect ascribed to it by the chancellor, of making her a trustee for her children. The effect of the deed cannot be varied by the subsequent declarations of the grantor. If there was a mistake of the drafts-mán in…
2Cited by16 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- Alston v. AlstonSupreme Court of Alabama · 1859
- Hale v. KinnairdSupreme Court of Alabama · 1917
- Vanderveer v. AlstonSupreme Court of Alabama · 1849
- Miller v. EatmanSupreme Court of Alabama · 1847
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