Report of Cases Argued And Determined in the Supreme Court of Alabama volume 20
Report of Cases Argued And Determined in the Supreme Court of Alabama volume 20
Alabama Supreme Court
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Tried before the Hon. Robert Dougherty. This was an action of detinue, brought by John T. Toney against the plaintiff in error, to recover a slave named Ame- lia. The evidence showed that Thomas Hamilton, deceased, bequeathed by his will to his widow, Temperance Hamilton, during her life, a slave named Kissiah, and five other slaves, all of which were to be divided at her death among the testa- tor's children and grand-children ; that the slave sued for was a child of Kissiah's, and was born af...ter the making of the will, but before the testator's death, and was in his possession at the time of his death ; after the testator's death, one Sher- wood H. Toney obtained letters of administration on his es- tate, and applied to the Orphans' Court for an order of sale of 238 ALABAMA. Hardy v. Toney. the personal property not bequeathed ; the order was granted, and the sale made ; that the slave sued for was sold, and pur- chased by the widow for five dollars. The plaintiff also in- troduced a deed of gift from Mrs.
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