Donovan v. Pitcher
Supreme Court of Alabama
Appeal from Circuit Court of Mobile. Tried before Hon. John Elliott. The appellees are children of William Pitcher and his wife Pherady. William Pitcher was a man of color, who had been a slave, permitted by his master to go at large, retain and dispose of his earnings, to acquire property, make contracts, and in all respects to conduct himself as a free man.
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Appeal from Circuit Court of Mobile. Tried before Hon. John Elliott. The appellees are children of William Pitcher and his wife Pherady. William Pitcher was a man of color, who had been a slave, permitted by his master to go at large, retain and dispose of his earnings, to acquire property, make contracts, and in all respects to conduct himself as a free man. In 1851, with the knowledge of, and without dissent from his master, he left this State and went to Ohio, remaining there until 1854, when he returned to Alabama, remained until 1857, and then returned to Ohio, and died there in 1859.…
1Opinion of the CourtJudge, J.
The first affirmative charge given by the court, and the charge requested and refused, involve the same legal question, decisive of the cause, as it is presented by the facts incorporated in the bill of exceptions.
The inheritance of lands is not, except from necessity, by the ancient common law permitted to rest in abeyance. Such an estate was odious, because, during its continuance, “there was not seisin of the land, nor any tenant to the praecipe, nor any one of the ability to protect the inheritance from wrong, or to answer for its burdens and services. On this reasoning a particular…
2Cases cited8 opinions
- Dred Scott v. SandfordSupreme Court of the United States · 1857
- Dawson's Lessee v. GodfreySupreme Court of the United States · 1808
- Bartlett v. MorrisSupreme Court of Alabama · 1839
- Jinkins v. NoelSupreme Court of Alabama · 1830
- Smith v. ZanerSupreme Court of Alabama · 1842
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3Cited by5 opinions
- De Lima v. BidwellSupreme Court of the United States · 1901
- Galliher v. State Mutual Life Ins.Supreme Court of Alabama · 1907
- Clark v. HillisIndiana Supreme Court · 1893
- Mostilla v. AshSupreme Court of Alabama · 1937
- De Lima v. BidwellSupreme Court of the United States · 1901