Legal Opinion

O'Neil v. Teague

Supreme Court of Alabama

Decided June 15, 1845PublishedCited by 18 opinions

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

  1. Dunn v. Bank of MobileSupreme Court of Alabama · 1841
  2. Paysant v. WareSupreme Court of Alabama · 1840
  3. Inge v. ForresterSupreme Court of Alabama · 1844
  4. Thomas v. DavisSupreme Court of Alabama · 1844

3Cited by18 opinions

  1. Stone v. HaleSupreme Court of Alabama · 1850
  2. Baltzer v. Raleigh & Augusta RailroadSupreme Court of the United States · 1885
  3. Vardeman v. LawsonTexas Supreme Court · 1856
  4. Williams v. MaullSupreme Court of Alabama · 1852
  5. Edwards v. EdwardsCourt of Appeals of Texas · 1932

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