Rumbly v. Stainton
Supreme Court of Alabama
Appeal from the Chancery Court of Monroe. Heard before the Hon. J. W. Lesesne. ' Stainton and wife, and the former as administrator of two infant brothers of his wife who died in 1833, exhibited their bill in chancery, setting forth that the defendant, Rumbly, married Christiana Manning in 1827 ; that shortly after the marriage the father of Mrs. Rumbly gave to her-, for her own separate use, two negro girl slaves, and afterwards made to her a deed for them, which read, u to…
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Appeal from the Chancery Court of Monroe. Heard before the Hon. J. W. Lesesne. ' Stainton and wife, and the former as administrator of two infant brothers of his wife who died in 1833, exhibited their bill in chancery, setting forth that the defendant, Rumbly, married Christiana Manning in 1827 ; that shortly after the marriage the father of Mrs. Rumbly gave to her-, for her own separate use, two negro girl slaves, and afterwards made to her a deed for them, which read, u to her and her heirs.” This deed was ■delivered to her then husband, the defendant, who refuses now to produce or exhibit…
1Opinion of the CourtLigon, J.
It is legally impossible, on tho pleadings and proof in this case, to sustain the decree "of the Chancellor.
The only equity in the original bill is to be found in those allegations which relate to the mistake in^lrawing the deed from Manning, the father-in-law, to Rumbly, for the slaves in controversy ; and the proof does not make out these allegations with that clearness which is required before a court of equity will touch the solemn deed of a party, and make it speak a different language from that employed on its face.
The proof in this case, in relation to the gift of the slaves, is…
2Cases cited2 opinions
- McCullough v. WalkerSupreme Court of Alabama · 1852
- Burnett v. Branch Bank at MobileSupreme Court of Alabama · 1853
3Cited by17 opinions
- McDowell v. JonesSupreme Court of Alabama · 1877
- Gilmer v. MorrisSupreme Court of Alabama · 1885
- Jennings v. JenningsSupreme Court of Alabama · 1947
- Ellis v. NewellSupreme Court of Iowa · 1903
- Alexander v. CaldwellSupreme Court of Alabama · 1876
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