Legal Opinion

Worthington v. Shipley

Court of Appeals of Maryland

Decided December 15, 1847PublishedCited by 15 opinions

Appeal from the Court of Chancery. The bill in this cause was filed on the 28th September, 1842, by the appellee, and alleged, that on or about the 3d August, 1840, two negro girls, slaves for life, Kitty fy JYancy, were conveyed to your oratrix by James Shipley, by a deed hearing date the day and year aforesaid, and duly acknowledged and recorded, a certified copy of which is herewith exhibited, that said negro girls have been seized and taken out of the possession of your…

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Appeal from the Court of Chancery. The bill in this cause was filed on the 28th September, 1842, by the appellee, and alleged, that on or about the 3d August, 1840, two negro girls, slaves for life, Kitty fy JYancy, were conveyed to your oratrix by James Shipley, by a deed hearing date the day and year aforesaid, and duly acknowledged and recorded, a certified copy of which is herewith exhibited, that said negro girls have been seized and taken out of the possession of your oratrix by one Isaac C. Anderson, the sheriff of Howard District, by virtue of a supposed authority derived from a writ…

1Opinion of the CourtMartin, J.

By the act of Assembly, of 1763, ch. 13, it is declared, that no negro or other slave, whereof the donor shall retain the use and possession, shall be transferred to any donee unless the gift be by writing, under the hand and seal of the donor, and acknowledged and recorded, as therein prescribed ; with the proviso, that nothing contained in the act shall be construed to make void any parol gift of any negro or other slave, where there shall be an express delivery of such slave in pursuance of such gift, and where the sale, use and possession of the same shall be transferred to the donee.

In…

2Cases cited1 opinion

  1. Hinde's Lessee v. LongworthSupreme Court of the United States · 1826

3Cited by15 opinions

  1. Lloyd v. FultonSupreme Court of the United States · 1876
  2. Williams v. BanksCourt of Appeals of Maryland · 1857
  3. Kuhn v. StansfieldCourt of Appeals of Maryland · 1868
  4. Grover & Baker Sewing Machine Co. v. RadcliffCourt of Appeals of Maryland · 1885
  5. Christopher v. ChristopherCourt of Appeals of Maryland · 1886

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