Price v. Tally's Adm'rs
Supreme Court of Alabama
Error to the Circuit Court of Jackson. Detinue for a slave by the plaintiff in error. This case was here at a previous term — 5 Ala.
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Error to the Circuit Court of Jackson. Detinue for a slave by the plaintiff in error. This case was here at a previous term — 5 Ala. Rep. 578. The bill of exceptions sent up discloses, that the plaintiffs claim an estate in remainder in certain slaves, as the heirs of Polly Wood, under a deed as follows: “ Know all men by these presents, that I, Richard Price, of Warren county, Tennessee, for and in consideration of the natural love and affection I have for my daughter, Polly Wood, I have bargained, sold and delivered to her a negro girl named Mary, and her child named Patty, with the…
1Opinion of the CourtOrmond, J.
When this deed rvas before this court at a previous term, Price v. Price, 5 Ala. Rep. 578, we considered it to be a life estate in the husband, Drury Wood, with a contingent remainder to the heirs of the wife. The legal effect of the deed is materially changed by the proof made at the last trial of the cause. It now appears, that the deed was made in the State of Virginia, and that by a statute of that State, in force when the deed was made, it was provided, that an estate of freehold, or of inheritance, might be made to commence in future by. deed, in like manner as by will. The effect of…
2Cases cited1 opinion
- Price v. PriceSupreme Court of Alabama · 1843
3Cited by3 opinions
- Harris v. McLaranMississippi Supreme Court · 1855
- Wilcoxen v. OwenSupreme Court of Alabama · 1938
- Cary v. CarmanNew York Supreme Court · 1921