Legal Opinion

Woodward v. Donally

Supreme Court of Alabama

Decided June 15, 1855PublishedCited by 5 opinions

Appeal from the Circuit Court of Franklin. Tried before the Hon. Thomas A. Waleek. Detinue by the appellant, an infant who sued by his next friend, to recover a negro woman, named Amanda, and her children, whom he claimed under the will of his grandfather, Joseph Cook, which was duly admitted to probate in Davidson county, Tennessee, in February, 1841; while the defendant derived title by purchase for valuable consideration from one Isaac Rutland, who was regularly appointed…

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Appeal from the Circuit Court of Franklin. Tried before the Hon. Thomas A. Waleek. Detinue by the appellant, an infant who sued by his next friend, to recover a negro woman, named Amanda, and her children, whom he claimed under the will of his grandfather, Joseph Cook, which was duly admitted to probate in Davidson county, Tennessee, in February, 1841; while the defendant derived title by purchase for valuable consideration from one Isaac Rutland, who was regularly appointed plaintiff s guardian in said county of Davidson, Tennessee, and who af-terwards brought the slaves to this State, and…

1Opinion of the CourtChilton, C. J.

The question for decision may be thus stated : — If a guardian, duly appointed by the laws of Tennessee, bring personal property of his ward (a slave) to this State, and sell it to a bona fide purchaser, can the ward, in the absence of all proof of the statute laws of Tennessee, as respects the power of the guardian to make such sale, treat such sale as a nullity, and recover the property ? The Circuit Court held the sale to be valid — that is, that the purchaser should be protected : and such is our opinion. We have seen no case which, upon common-law principles, uninfluenced by the statute…

2Cited by5 opinions

  1. Foster v. Gressett's HeirsSupreme Court of Alabama · 1856
  2. Mason v. BuchananSupreme Court of Alabama · 1878
  3. Echols v. SpeakeSupreme Court of Alabama · 1913
  4. Bishop v. Big Sandy Lumber Co.Supreme Court of Alabama · 1917
  5. Mobile & Ohio Railroad v. Whitney & Co.Supreme Court of Alabama · 1864

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