Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1858-10-28

..,.-s 81 me supreme oourt q sne state
p 49, S-9ssess deliversd rs JHe-sSA ~
GpsfI TeFuls 1658s


5smssP. Hooasns =. Tnllan h Psaloe,
This eotion Of repissin WAS CONN =
IN the Circuit Court Of Gibson oeos - ~. -.
Govern Of certain ElaVss. On the -osh q
1856 he lloHing agreemen. We 49,
49,, Voodson and Pearcei to-Witi l. James =
s.s. 80 dsy do lend u ny son-ln Lave william
esese-, ,egro Girl named Caroline. Theright
= 49, - sill vested in ne during ny natural
i.s- I'D Il my deash, the ssid William H. Pearoe
tsSis himself to deliver up 70 my executor or al
ntSrrSsor the Aforesaid negro and her increase &C
q fair yalustion
AZ he same time, the slave Caroline was delivered
bv Woodson 20 Pearce who continued his possession
al her. until short time before The bringing OF
this suit when the possession was retaken y WOOD
son, without the consent and against the si1 q
Pesree.
On the trial in TIE Circuit Court the Court charged
the Jury in substance that the instrument above SET
ont was an shsoiuie gift Of the negro for Noodsons
life and vested Pearce with title 70 her aud her IN
crease and Authorized him to recover IN THIS suit
before fhe suit commented, The slaves we're ieken
out Of his ssesson BY deieadant, against hls can
sent The Jury fiuudfor the plaintiff, AID q new
trial having been refused the defendant has appeal
% in error 10 this Court
lis now insisted that this charge Is erropeous-
thai this coatract is BY express terms purely alcan,
and Is such is revOksbie at pleasure. We think
thai By fair construction Of the contract, It is
clear that IL vas the intention Of Woodeen to give
III tse Of the slave TO his son-in Law, Pearce re
tanning the title in himself during his life, coupled
with right on the part Of Pearce 81 bis death, 20
make her and her Increase absolutely bis own, by
accounting to his personal representative for them
e. fair valuation. or to surrender them up At his
election 10 such representative; that It vas an *
ecuted qft Of the use Of the sSve FOR life Of ihe
donor aud vested such right 10 the donee as could
not be revoked at pleasure II Is true, ne uses the
Wori 'lend," aud the Fright and title Is vested IN
me during ny nstural life But when We iRke the
whole instrument together, It is manifest that be
only intended 70 retain The legal title for the use Of
his eou-in Law during his life, surrenderng the pos
session an the use Of the property TO the son-in
Law during that time, coupled With right in the
Ron-insaW either 20 deliver the slaves at the death
Of the donor his personal representative or make
them absolutely his own, by taking them at fair
valuation, thereby vestng such right in the plain
Tiff below g. would enable him to maintain this &C
That portion Of the charge Of tie Circuit Judge,
In which be instructs the jury that the instrument
made an absolute gift OF the negro for WOodsO1's
life and vested Pearce with the title to her and her
increase is inaccurate He should have told the
Jury that it conveyed the Of the slave and her
increase to Pearce during The life Of WOOdson-
Woodson retaining the legal title to the slave dur
ing that time.
But this verbal inaceuracy was wholly immaterisl
and could not have mislead the jury. as PearCes
right to recover would have been the in either
aspect Of the question
We think there is no error in the judgment, and
IL is affirmed. HARRIS.
TKsT; NJ. D. WEICH, Clerk