Jordan v. Murray

Decided November 7, 1801

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

Jordan and others, broug'ht 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 a parol gift of a slave, by the name of Nan, to William Russell, (father of the female plaintiffs,) who had married Sarah, the daughter of the said John Armstead, and mother of the plaintiffs.

Relies on Meeker v. Gardella

Decided 1801-11-07

*PENDUBTON, President,

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

¶2In 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. _