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Fredrick Mcleod & Amos L. Dell vs. Philip Dell & W.M. Dell

Fredrick Mcleod & Amos L. Dell vs. Philip Dell & W.M. Dell

Lower Court

  • Alachua County

Date

  • 1861

Box

  • 473

Folder

  • 853

Transcript

Compare our case with Perrin vs. Blake

1 Co 104. 2 Black 381 & note.

The words heirs of the body do not always create an estate tail, their effect may be overcome by Superadded words. 2[nd] Iarman on Wills, 243

Where such words are used as give an estate tail in land -- if applied to personalty, they give the absolute estate

2[nd] Iarman on Mills 492

Watts Adm. Of Clardy 2[nd]. Fla Rep 90

When land is denoted to be sold and the proceeds paid over, the estate is personalty both at law & in equity.

McCabe vs Spreil, sv Eq 189 N.C.

Smith vs. McRaney 3 [?] Eq 204 N.C.

In Florida Slaves are pensonalty

Thompsons Digest 183. 185

Watts vs. Clardy Fla Rep & Eq

Where an implied or express estate tail is given the absolute estate rests in first taker.

11[th] Wendell 227. 4[th] . Kint 227 1[st]. Haywood N.C. 259