O'Neil v. Teague
Supreme Court of Alabama
Writ of error to the Circuit Court of Shelby. On the 4th of April, 1844, a writ oí fieri facias was issued from the Circuit Court of Bibb, at the suit of the plaintiffs in error, commanding that the sum of $3,096 11 damages, besides costs, be made of the goods, &c. of James O’Hara, and James C. O’-Hara.
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Writ of error to the Circuit Court of Shelby. On the 4th of April, 1844, a writ oí fieri facias was issued from the Circuit Court of Bibb, at the suit of the plaintiffs in error, commanding that the sum of $3,096 11 damages, besides costs, be made of the goods, &c. of James O’Hara, and James C. O’-Hara. This fi. fa. was received by the sheriff of Shelby, on the 2d of May, and on the 16th of the same month levied on two slaves, viz; Caroline, a slave aged about twelve, and Henry, about eight years old, as the property of James C. O’Hara. On the next day, James D. Teague interposed a claim to…
1Opinion of the CourtCollier, C. J.
The declarations of the father of Mrs. O’-Hara, made to his son-in-law when the slaves were delivered to him, that he intended them for the use of his (donor’s) daughter, &c. were admissible, for the purpose of showing that they were not given absolutely, as an advancement for her, and did not thus *349vest y we mariti, so as to become subject to the husband’s debts, or render inoperative any settlement of them which the father might make. Certainly it would not be allowable to expound the deed by a reference to the previous declarations of the donor. Where an act is consummated by writing, all…
2Cases cited4 opinions
- Dunn v. Bank of MobileSupreme Court of Alabama · 1841
- Paysant v. WareSupreme Court of Alabama · 1840
- Inge v. ForresterSupreme Court of Alabama · 1844
- Thomas v. DavisSupreme Court of Alabama · 1844
3Cited by18 opinions
- Stone v. HaleSupreme Court of Alabama · 1850
- Baltzer v. Raleigh & Augusta RailroadSupreme Court of the United States · 1885
- Vardeman v. LawsonTexas Supreme Court · 1856
- Williams v. MaullSupreme Court of Alabama · 1852
- Edwards v. EdwardsCourt of Appeals of Texas · 1932
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