Hamilton v. Clements' Adm'rs

Citations

• 17 Ala. 201

Syllabus

<p>1. J. C. conveyed by deed to his son W. C certain slaves, with the understanding that at the death of S. O. ho should divide them equally with his sister, who was then the wife of S. H. J. C. having died, the son-claimed the slaves absolutely until his own death, after which S H., on valuable consideration, sold and released to the distributees of W. C.’s estate “ all the right, title, claim, interest and demand,” which he “then had or might thereafter recover in and to the goods and chattels, rights and credits, lands and tenements of W. C. or J. C. deceased.” Held,</p> <p>1. That the deed of S. II. embraces the claim of his wife to the slaves— it not appearing that he had any other claim or demand against the estate of W. O. at the time of its execution.</p> <p>2. That S. II. is estopped from questioning the validity of his deed, and cannot therefore be joined as a co-complainant with his wife in a bill to recover her portion of the slaves.</p>