Jordan v. Murray

Decided November 7, 1801

Court of Appeals of Virginia · decided 1801-11-07

Jordan and others, brought detinue against Murray, for some slaves. Plea, non detinet, and the act of limitations. Issue. Upon the trial of the cause, the jury found a special verdict, which stated, that John Armstead, in 1763, made e. parol gift of a slave, by the name of Nan, to William,Russell, (fatherofthefemale plaintiffs,)whohad married Sarah, the daughter of the said John Armstead, and mother of the plaintiffs.

Relies on Meeker v. Gardella

Decided 1801-11-07

PENDLETON, President,

¶1after stating the case, deliverod the resolution of the Court as follows:

¶2 *76In Turner v. Turner, 1 Wash. 139, the plaintiff claimed under a parol gift, and the Court below admitted evidence of such gift, which this Court adjudged could not be admitted under the act of 1758, [c. 5, 7 Stat. Larg. 237.]

¶3Although, under that act, the parol gift did not pass the property in the slave Nan to Russell, yet, this possession of more than five years in Armstead’s life-time, barred the title of the latter, and prevented his power of disposition by his will, more especially in this case of a bona fide purchaser from the possessor.

¶4The supersedeas is, therefore, unanimously denied.*

¶5[* See Act of Oct. 1787, c. 21, 12 Stat. Larg. 505, ch. 111, § 51, R. C. ed. 1819.]