Adams v. Broughton
Supreme Court of Alabama
Error to the Circuit Court of Marengo. Detinue by Broughton, as the administrator of Thomas Hightower, against Banks and Adams severally for certain ■slaves.
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Error to the Circuit Court of Marengo. Detinue by Broughton, as the administrator of Thomas Hightower, against Banks and Adams severally for certain ■slaves. Actions commenced in January, 1845. At the trial ■of the suit against Banks, the plaintiff made title to the slaves in controversy, under a deed of gift executed in the State of ■Georgia, in February, 1819, by one Joshua Hightower, by which, after reciting its consideration to be “ the love and good will ” of the grantor to his son, the plaintiff’s intestate, conveyed the slaves in controversy, or the mothers of them, to the said son, “…
1Opinion of the CourtGoldthwaitb, J.
1. The deed under which the plaintiff in these suits makes title having been made in the State of Georgia, at a time when the slaves were there, is the matter which causes the chief difficulty; for it seems to be conceded, the deed, under our statutes of frauds, is inoperative against creditors and purchasers, because it was not registered, and because there was no transfer of the possession of the slaves. It may admit of question, whether property brought within this State is not governed by our statute, but we do not now purpose to discuss this point, and shall confine our examination to…
2Cases cited8 opinions
- Sexton v. WheatonSupreme Court of the United States · 1823
- Swift v. FitzhughSupreme Court of Alabama · 1839
- Banks' Adm'r. v. MarksberryCourt of Appeals of Kentucky · 1823
- Horn v. GartmanSupreme Court of Florida · 1846
- Simmons v. AugustinSupreme Court of Alabama · 1836
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- Kinnebrew's Distributees v. Kinnebrew's AdministratorsSupreme Court of Alabama · 1860
- Abney v. MooreSupreme Court of Alabama · 1894
- Golding v. Golding's Adm'rSupreme Court of Alabama · 1854
- McLain v. GarrisonCourt of Appeals of Texas · 1905
16 more not listed; retrieve them via the Exa API.