Hopper v. McWhorter
Supreme Court of Alabama
Error to the Circuit Court of Montgomery. Tried before the Hon. Sam’I Chapman. This was an action of trover brought by the plaintiff in error as the administrator of John L. Flowers, deceased, against the defendant in error to recover damages for the conversion of a negro woman, named Celia, and her two children.
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Error to the Circuit Court of Montgomery. Tried before the Hon. Sam’I Chapman. This was an action of trover brought by the plaintiff in error as the administrator of John L. Flowers, deceased, against the defendant in error to recover damages for the conversion of a negro woman, named Celia, and her two children. The negroes in controversy are a portion of the natural increase of others that were given in 1831 by John Thomas to Eleanor Todd, Margaret Todd, Dorothy Todd, and Nancy Todd, chil-• dren of Robert Todd, deceased, to be equally divided among' them. Mrs. Todd, the mother of the…
1Opinion of the CourtParsons, J.
It is clear that the possession of Mrs. Tódd wás the possession of her daughter. They were minors when the deed 'conveying the slaves to them was executed by *231Thomas, and the delivery of the slaves to Mrs. Todd, the mother of the donees, could not convert their rights into a chose its action. — McGee v. Toland, 8 Port. 36; Broome et al. v. King, 10 Ala. 819. Nor can it make any difference that the rights of the donees under the deed from Thomas were joint at the time of the marriage of John T. Pratt with Eleanor, one of the donees, and that no division took place until after his death; for it…
2Cases cited4 opinions
- Hyde v. StoneNew York Supreme Court · 1828
- Broome v. KingSupreme Court of Alabama · 1846
- Magee v. TolandSupreme Court of Alabama · 1838
- Chambers v. PerrySupreme Court of Alabama · 1850
3Cited by4 opinions
- Mason v. McNeill's ExecutorsSupreme Court of Alabama · 1853
- United States Fidelity & Guaranty Co. v. MontgomerySupreme Court of Alabama · 1933
- Walls & Wire v. GrigsbySupreme Court of Alabama · 1868
- Brooks v. RomanoSupreme Court of Alabama · 1906