Thrasher v. Ingram
Supreme Court of Alabama
[EETINDE FOE SLAVES.] Appeal from the Circuit Court of Coosa. Tried before the lion. E. "W. Pettus. This action was brought by John N. Ingram and Martha, his wife, to recover certain slaves, together with damages for their detention, which the plaintiffs claimed under the will of William S. Alexander, deceased, who was the father of Mrs. Ingram, and who died in North Carolina, in 1827; which will contained the following provisions: “ Imprimis, it is my will and pleasure,…
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[EETINDE FOE SLAVES.] Appeal from the Circuit Court of Coosa. Tried before the lion. E. "W. Pettus. This action was brought by John N. Ingram and Martha, his wife, to recover certain slaves, together with damages for their detention, which the plaintiffs claimed under the will of William S. Alexander, deceased, who was the father of Mrs. Ingram, and who died in North Carolina, in 1827; which will contained the following provisions: “ Imprimis, it is my will and pleasure, that my wife Martha retain possession, and enjoy, without let or molestation, her bed and furniture, and all other property…
1Opinion of the CourtStone, J.
Answers to the interrogatories propounded to the plaintiffs would have been entirely immaterial, and for this reason, if no other, there was no error in refusing to compel the female plaintiff to answer them. The argument which shows their immateriality is as follows :
According to the common law, which we presume to be of force in North Carolina, marriage operates a present gift to the husband of the wife’s personal property in possession ; and also clothes him with the right, during the continuance of the coverture, to reduce her choses in action to possession, and thus become the absolute…
2Cases cited33 opinions
- Gunn v. HowellSupreme Court of Alabama · 1855
- Florey's Executors v. FloreySupreme Court of Alabama · 1854
- Osgood v. BreedMassachusetts Supreme Judicial Court · 1815
- Deslonde & James v. Darrington's HeirsSupreme Court of Alabama · 1856
- Tarver v. TarverSupreme Court of the United States · 1835
28 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Gunter v. TownsendSupreme Court of Alabama · 1918
- Ralls v. JohnsonSupreme Court of Alabama · 1917
- Martin v. DialTexas Commission of Appeals · 1933
- Pickett v. Doe ex rel. PopeSupreme Court of Alabama · 1883
- Fowlkes v. ClaySupreme Court of Alabama · 1921
25 more not listed; retrieve them via the Exa API.