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Ramsay v. Lee U.S. 401 (1808)

handle is hein.slavery/ussccases0025 and id is 1 raw text is: FEBRUARY, 1804. RAMSAY v. LEE. Rum- . LEE. E.k(RO to the circuit-court of the district of Co- In Virginia, lumbia, sitting at Alexandria, in an action of detinue in 17M, no brought by Lee against Ramsay, for a slave named gift ofa slave v ralid,un- Frederick, less in Vf-itinK and recorded, The material facts appearing by the bill of exceptions e taken by the defetcdant below, were, that Lee claimed as companied trustee for Kenne±dy, under a deed from Wilson duly thegift. acknowledged and recorded, and dated the 1st of De- 0jtewhe- cembe% 1804. The question was, whether at thd date tlher s nr ' possession is of thatIleed Wilson had a good title to the slave. alone a good I title to enabld Mrs. Gordon being the owner of the slave in 1784, pinti R. made a verbal gift of him to the defendant Ramsay, who t en'u - was then only eight years, old, and possession accom- panied the gift ; the slave remained with the defendant and his mother, Mrs. Ramsay, in the family of Wilson, until the year 1790, when Mrs. Ramsay, (claiming'the slave as residuary legatee under the will of Mrs. Gor- don, under t4h idea that the parol gift to her son was void,) by deed of bargain and sald conveyed theslave to Wilson, in consideration of five shillings, and divers other good causes. Wilson held possession of the slave under that deed until the year 1805, when the defendant took him away, and has ever since detained him. The defendant'and his mother and the slave had continued to live in the family of Wilson from the year 1784 till the year 1805. The court below, upon the plaintiff's motion, instruct. ed the jury, that if such a verbal gift was made to the defendant of thl said slave, and such possession given to him as aforesaid, the gift is void in I1v, and opposes no bar to the recovery of the plaintiff. The verdict and judgment in the court below being against the defendant, he brought his writ of error.

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