Johnson et als. v. Culbreath
Metadata
Case Number: 2825
Location: SC00163
Court Term: 1851 June
Catalog Record: http://archives-alabama-primo.hosted.exlibrisgroup.com/01ALABAMA:default_scope:01ALABAMA_ALMA215682820002743
Collection Creator: Alabama. Supreme Court
Description: This case is summarized in Alabama Reports, volume 19, pages 348 through 352. Excerpt from the report: This bill was filed on the 12th day of June, 1847, by Niven D. S. Culbreath, to set aside a division made of certain slaves on the 1st day of January, 1846, which slaves had been bequeathed to the children of Barbara Culbreath, by the will of their grand father Malcolm McPhail, late of Cumberland county, in the State of North Carolina, on the ground that at the time said division was made, the complainant lacked some twelve months of being twenty-one years of age, and that the share which was allotted to him was not equal in value to one-fifth of the entire property, to which he was entitled. It appears that the legatees interested agreed on the division, and that the slave assigned to the complainant was received by him, and was in his possession when he exhibited his bill.
Division: Northeastern Division
Language: English
Repository: Alabama Department of Archives and History, 624 Washington Avenue, Montgomery, Alabama 36130
Rights: This material may be protected under U. S. Copyright Law (Title 17, U.S. Code) which governs the making of photocopies or reproductions of copyrighted materials. You may use the digitized material for private study, scholarship, or research. Though ADAH has physical ownership of the material in its collections, in some cases we may not own the copyright to the material. It is the patron's obligation to determine and satisfy copyright restrictions when publishing or otherwise distributing materials found in our collections.
Collection Title: Alabama Supreme Court case files
Subject - Topics: African Americans; Estates (Law); Inheritance and succession; Slavery
Subject - Places: Benton County (Ala.); Calhoun County (Ala.)
Subject - People: Ann, slave in Benton County, Ala., of Barbara Cannon, daughter of Leah; Cannon, Barbara Culbreath; Cannon, Joel M.; Cannon, Larkin W.; Cannon, Thomas Evander; Culbreath, Agnes B.; Culbreath, Daniel; Culbreath, Elijah; Culbreath, Flora McPhail; Culbreath, Malcolm P.; Culbreath, Niven D. S.; Johnson, William; Leah, slave in Cumberland County, N.C., and Benton County, Ala., of Malcolm McPhail and Barbara Cannon; Margaret, slave in Benton County, Ala., of Niven Culbreath, daughter of Leah; Mary, slave in Benton County, Ala., of Niven Culbreath and William Johnson, daughter of Leah; McPhail, John; McPhail, Malcolm; McPhail, Mary; Stephen, slave in Benton County, Ala., of Agnes Culbreath, son of Leah; William, slave in Benton County, Ala., of Elijah Culbreath, son of Leah; Willis, William P.
Time Period: 1850-1859
Case: Johnson et als. v. Culbreath
Upload Batch: SC00163_Johnson_v_Culbreath
Repository: Alabama Department of Archives and History
Source: From: Johnson et als. v. Culbreath