McCullough v. Walker
Supreme Court of Alabama
Error to the Chancery Court of Tuskaloosa. Tried before the Hon. W. W. Mason. Walker and Wife filed their bill against the plaintiffs in error, setting forth that John B. Williams married Winifred, daughter of Samuel Hayes, in the State of North Carolina, ■ about the year 1823; that said Hayes, before Williams left that State, put him in possession of a negro girl named Hannah, declaring that he did not give said girl to Williams, but placed her in his possession for the…
Read the full summary
Error to the Chancery Court of Tuskaloosa. Tried before the Hon. W. W. Mason. Walker and Wife filed their bill against the plaintiffs in error, setting forth that John B. Williams married Winifred, daughter of Samuel Hayes, in the State of North Carolina, ■ about the year 1823; that said Hayes, before Williams left that State, put him in possession of a negro girl named Hannah, declaring that he did not give said girl to Williams, but placed her in his possession for the benefit of such children as his daughter, Winifred, should have. Immediately after this, Williams removed his wife and the…
1Opinion of the Court
LIGrON, -J.
Tbe case made by tbe bill, answers, and proof, does not authorize tbe relief sought. It can be only regarded, so far as tbe first part of tbe bill is concerned, as an attempt to establish a parol gift of a slave, made in tbe State of North *391Carolina, after the passage of tbe act of 1806, wbicb, in express terms, declares sucb gifts null and yoid, both in law and equity. It is true, the bill does not set up that the slave was given absolutely to Mrs. Williams or her husband, but it describes the transaction in such terms as to show that Hayes, the donor, intended that the whole…
2Cited by4 opinions
- Rumbly v. StaintonSupreme Court of Alabama · 1854
- Allen v. WinstandlyIndiana Supreme Court · 1893
- David v. ShepardSupreme Court of Alabama · 1867
- Mexican Asphalt Co. v. Mexican Asphalt Paving Co.Appellate Court of Illinois · 1895