Magee v. Toland
Supreme Court of Alabama
Error to the Circuit Court of Greene. Detinue for a slave. To the declaration, defendant plead non detinei, and the jury found a special verdict, as follows: That on the first of January, eighteen hundred and thirty five, the slave was, and for a long time previously had been, the property of Jane Carnathan, then a minor and unmarried, and was in possession of her guardian, George Hays: That on the said first of January, eighteen hundred and thirty-five, the slave was hired…
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Error to the Circuit Court of Greene. Detinue for a slave. To the declaration, defendant plead non detinei, and the jury found a special verdict, as follows: That on the first of January, eighteen hundred and thirty five, the slave was, and for a long time previously had been, the property of Jane Carnathan, then a minor and unmarried, and was in possession of her guardian, George Hays: That on the said first of January, eighteen hundred and thirty-five, the slave was hired by the guardian to defendant, John T. Magee, for the term of one year, and was delivered to defendant: That on the…
1Opinion of the CourtGoldthwaite, J.
— It is obvious that the special verdict presents the question, whether the possession of’ the slave in controversy by the bailee of the guardian of the wife, at the time when the marriage was contracted, was such a possession by the wife as to transfer the property to the husband, by the mere act of marriage?
The solution of this question involves an inquiry into the rights of property acquired by a husband, which attach to him immediately, and in consequence of the marriage. The plaintiff in error concedes the general rule to be, that the husband, in virtue of the marriage, ac*39quires an…
2Cases cited4 opinions
- Banks' Adm'r. v. MarksberryCourt of Appeals of Kentucky · 1823
- Johnson v. WrenSupreme Court of Alabama · 1830
- Crozier v. BryantCourt of Appeals of Kentucky · 1815
- Mayfield v. CliftonSupreme Court of Alabama · 1831
3Cited by10 opinions
- Cartlidge v. SloanSupreme Court of Alabama · 1899
- Walker v. FennerSupreme Court of Alabama · 1856
- Pitts v. CurtisSupreme Court of Alabama · 1842
- Broome v. KingSupreme Court of Alabama · 1846
- Chambers v. PerrySupreme Court of Alabama · 1850
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