Jones' Adm'r v. Shaddock
Supreme Court of Alabama
Appeal from the Chancery Court of Bibb, Heard before the Hon. Joseph E. John. The bill in this case was filed, on the 19th November, 1859, by the five youngest children of Martha Shaddock, (now Martha Carey, the wife of William Carey,) against the said Martha and William Carey, and one Hugh Jones; and sought to enforce a parol trust in three slaves, to-wit, Dick, Turner, and Wash, and to charge the defendant Jones with the value and hire of said slaves.
Read the full summary
Appeal from the Chancery Court of Bibb, Heard before the Hon. Joseph E. John. The bill in this case was filed, on the 19th November, 1859, by the five youngest children of Martha Shaddock, (now Martha Carey, the wife of William Carey,) against the said Martha and William Carey, and one Hugh Jones; and sought to enforce a parol trust in three slaves, to-wit, Dick, Turner, and Wash, and to charge the defendant Jones with the value and hire of said slaves. The slave Dick, with other slaves, was conveyed to the said Martha Shad-dock, by deed of gift dated the 30th March, 1852, in consideration of…
1Opinion of the CourtA. J. Walker, C. J.
There can be no doubt, that the conveyance by John Herndon to Martha Shaddock was upon a valid trust, and that Hugh Jones took the title to the slave Dick with full knowledge of that trust. This trust was properly enforced against Jones.—Bishop v. Bishop, 13 Ala. 475. Jones, having converted Dick to his use, in violation of the trust, was chargeable as a trustee in reference to such slave; and his administrator was also chargeable with the hire of the slave, from the date of the conveyance to said Jones.
[2.] We have had more difficulty with the question as to the other two slaves, Wash and…
2Cases cited7 opinions
- R. Bishop's Heirs v. Adm'r & Heirs of S. BishopSupreme Court of Alabama · 1848
- Stanley v. NelsonSupreme Court of Alabama · 1856
- Devaughn v. HeathSupreme Court of Alabama · 1861
- Webb v. KellySupreme Court of Alabama · 1861
- Shanklin v. JohnsonSupreme Court of Alabama · 1846
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Veitch v. Woodward Iron Co.Supreme Court of Alabama · 1917
- City Rescue Mission v. First State BankMichigan Supreme Court · 1937