Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1866-01-13


Sampson as Thornton, three Metca
two hundred and seventy-fve, four he
com, four hundred and fifty-tye not
A few days before the death Of the don
he recognized the existence Of the dee
= and declared his purpose that it take fl
% effect. The court held the gift was vail
n and had the effect 10 vest in the done
= the title Of the property named in Il
l, deed.
Il The case Of Mailing as. Mailing W.
T. upon an issue dc-iS1ilgt Usi non, invOlviu
/, the validity Of the will Of Nelson Nailin.
u deceased. Upon the trial 4" a deed of gi
made by the testatoT neighteeu hundre
. and twenty-five. for tWenty-nine slaves,
s was read in evidence. The records Of "a
I action for slander, Of the same date, in
] stituted against the testatOr, was ais
| read. The deed was made 10 eyade tn
dreaded consequences Of the action 70
slander. 10 was not considered and acte
on 10y the parties As an absolute Gift, am
the teSrator continued to claim and pos
seSs the slaves As his own, a though tn
gift had never been made.
Now, by applying the rules laid dow
in the cases eite1 10 the facts in this case
Is they appear in the record, we ar,
clearly Of the opinion that the deed o
gift of December first, eighteen hundred
and thirty-seven, is valid, and operate,
10 vest iu the donee the title to the land
I IN controversy. And the fact that the
donor continued 10 reside upon, cultivate
{ and rent out the land from the date OF
Z the deed, i'm eighteen hUndrelaHd thirty
! seven, TO the time of his death, in eigh-
: teen hundred and fifty-nine, and that in
eighteen hundred and tfiy-One he actu-
I ally rented a portion of the land 70 The
donee, who paid the rent and that the
land WAS listed for taxes in the name Of the
donor who paid the taxes, when taken in
connection with the other facts i'm the
ease, together with the oft repeated dee
laFajion Of the donor concerning the title
and explanatory of his holding, can
make no difference rs 90 the question Of
the validity aud effect Of the deed
The Circuit Judge was asked % charge
the jury that 'iu deciding upon the ques-
tiOn of the delivery Of the deed, they
had repeatedly recognized the lands as
the lands of plaintiff which he declined
To do. In this We think there was error.
The law Is, if the grantor Acknowledged
the execution of the deed, and direct il
10 be registered, on subsequently, assent
thereto, OF recognize il as a valid convey
ance, or recognize the title of the grantOr
under it, that, although not delivery, is
equivalent 10 the delivery Of the deed,
and we think the Circuit Judge shOUld
20 have instructed the jury, and ms fail-
ure to DO 50, doubtless, led the jury to be-
lieve that but little if any, Importance
was 20 be attached 10 such facts in de-
terIBining the question as 10 the delivery
OF the deed but however this may have
heen, the Instructions asked for were
revelent TO the state of facts presented by
the evidence in the cause, and material
10 the plaintiffs rights. The law holds
certain facts equivalent 10 the delivery
Of the deed, and il is the duty Of the /.
Court 10 instruct the jury with reference /
tl the faCIs IN the ease as to the law I
arising upon such facts, leaving the jury /
70 ascertain whether the facts have been /
proven or not.
In the view We take Of this case, we are !
unable to find any evidence I'm the record Z
% sustain the verdict OF certainly 10 dis /
cover the grounds upOn which il was /.
hasel but We think it probable the YER /
diet would have been different had it not /
baen fGI the fact that the charge, instead /.
Of being made with reference TO the case, 1
as made out by the proof, aS touching I
the question of the delivery Of the deed, /
was made with reference % q different /
state of facts, and Hut such IS were exc 1
hihted by the evidence.
We think his honor, the Circuit Judge, |
erred in refusing 90 grant a new trial. /
The Judgment of the Circuit Court will F..
be reversed, and the cause remauded.
HAWKINS, juuss
Attest, j. g FRAZER, CIesE.
Rose Porter. next friend TO George Portfr,et al,
ts j. A. ElackWure, administrator, et ai.
This is bill filed in the Chancery 4
Court, AT ShelbyVille, in eighteen hum 4
dred and iifty-nine, for the emancina-
ton of George Porter, jr., Martha Porter 1
and Jane Bell Porter persons Of color, /
by their mother and next friend, Rose .
Porter, free woman OF cCiur.
The facts OF this case are peculiar and I
-lngularly illustrative OF the character nf /
the Institution Of slavery a. IL once eX-
isted ia this State. lt appears from The 1
record that George Porter, SEN, the .
father Of cOmplainauts, and husband Of !
their next friend, was once the slave Of \
John \. Porter aEa that ~ bis Industry 4
4gd fidgltIy he soon won the affections of /
bis master, that he granted hhn /
.he privilege Of purchasing his I
DWu freedom at 4 prize greatly I
below lis actual value. After his own
freedom was secured, through industry /
and economy, he purchased his wife,
with whom for many years he had hved 1
and cohabited as husband ana wife in a 4
state OF bondage, and by whom he had \
SIX children bora during the bondage Of |
The mother, whose legal status followed /
hers. He emaucipatud his wife, and 4
,iey were GftarWsrds lawfully married 4
lud began life anew. They were pros
porous, and attained 10 a reputation for .
nity, where they resided, Of which tne 4
most favored Of The Iaue might we'll be 4
.ro..s Their great struggle appears 10 /
have been t0 procure the meags @uces- /
sagy to purchase agd unsneipata their /
sin remaining 10 serritude,
One after another OF the elder children
were purchased aud set free; bnt before (
the desired object We .iiv Civ accomplished. |
J lvhn y. Porter gave the complaints 10 /
Thomas y Porter, who held them as (
-laves, but in kindness and sympathy 4
ION & father struggling 10 redeem his own /
children from bondage, he permitted /
them to remain with their parents, and /
declared his purpose never 10 /
separate the family, and as soon AS the |
father was able o. purchase them, 10 allow /
them 10 DO So. The parties remained for !
some time IN this condition, and Thomas |
\. Porter died, leaving no will, and liza /
5ilities beyond his personal estate tQpay. /
Administration was granted on his estate, |
lnd ID Was found necessary % resort 10 I
as slaves to pay the debts.
After consultation with the widow of 4
he deceased, the c0mplainants were Sc /
ected 10 be sold 10 raise the uieans neces-
.ary 10 pay of the debts Of the estate, and 1
20 secure IL againstl0ss, on account Of the |
condition m which The c0mplaiHants /
we're then living. All the necessary 1
tens were taken 30 obtain an order OF |
luurt 10 sell cOmpiainants, and ia the /
petition for the sale, il is aledged as one I
sround upon which the sale should be l
ordered, that complaiHants' father was 1
1 prudent aud discreet money making /
negro, and that he had bought himself, I
and then his wife and some Of his chill I
lren, and claimed 70 have contracted at 1
lne thousand eight hundred dollars for 4
the purchase and freedom of his other /
and on that account it would 4
be for the manifest interest OF /
the estate that they should be sold, 4
Under this state Of facts the sale Of \
was ordered, aild they were
at public outcry, sold, and
purchased by the father, George Porter,
7en- Sixty dollars OF the purchase money
Wa paid in hand, and a note, with Sc
curiiy, given Cor Che remainder, nine !
and ninety dollaFa.
Neorge Porter sen, bad several chill |
dren alter the emancipation of his wife,
which, together with those he had hy
purchase rescued from bondage. made "A
large and expensive family His means
were limited, aud an dependent upon his
own industry and enterprise 10. sup
port. One Of the complainants, George
became dissipated and worthless. and
added greatly 10 the old mans diffcpl-
lies. His debts pressed heavily unon
him, and year after year he became more
spd more embarrassed. His friends
with him, and one Of them,
Blaek more. loaned him the use of Ills
name and credit, by which he raised the .
means necessary 10 pay for his children,
which, were promptly applied 10 that |
purpose. and the debt fully discharged. |
But still he was bound to Blackmore, /
aud others. vino had assisted him, and /
anxious to pay them. He often spoke Of
his embarrassments, and at times while
speaking Of them, was moved 10 tears,
and declared his purpose, rather than ms
creditors should suffer, TO sell hls own
children and in his extreme difficulties