Difference between revisions of "Cowles v. Brown"

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{{DISPLAYTITLE:''Cowles v. Brown''}}
 
{{DISPLAYTITLE:''Cowles v. Brown''}}
 
[[File:CallsReports1833V4CowlesvBrown.jpg|link=Media:CallsReports1833V4CowlesvBrown.pdf|thumb|right|300px|First page of the opinion [[Media:CallsReports1833V4CowlesvBrown.pdf|''Cowles v. Brown'']], in [https://catalog.swem.wm.edu/law/Record/2099031 ''Reports of Cases Argued and Decided in the Court of Appeals of Virginia''], by Daniel Call. Richmond: R. I. Smith, 1833.]]
 
[[File:CallsReports1833V4CowlesvBrown.jpg|link=Media:CallsReports1833V4CowlesvBrown.pdf|thumb|right|300px|First page of the opinion [[Media:CallsReports1833V4CowlesvBrown.pdf|''Cowles v. Brown'']], in [https://catalog.swem.wm.edu/law/Record/2099031 ''Reports of Cases Argued and Decided in the Court of Appeals of Virginia''], by Daniel Call. Richmond: R. I. Smith, 1833.]]
[[Media:CallsReports1833V4CowlesvBrown.pdf|''Cowles v. Brown'']], 8 Va. (4 Call) 477 (1803), <ref>Daniel Call, ''[[Reports of Cases Argued and Decided in the Court of Appeals of Virginia]],'' (Richmond: R. I. Smith, 1833), 477.</ref> was a case determining whether a father, who agreed in his marriage settlement to divide his wife’s slaves among his children how he saw fit, could in turn sell those slaves for a profit.
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[[Media:CallsReports1833V4CowlesvBrown.pdf|''Cowles v. Brown'']], 8 Va. (4 Call) 477 (1803), <ref>Daniel Call, ''Reports of Cases Argued and Decided in the Court of Appeals of Virginia,'' (Richmond: R. I. Smith, 1833), 4:477.</ref> was a case determining whether a father, who agreed in his marriage settlement to divide his wife’s slaves among his children how he saw fit, could in turn sell those slaves for a profit.
  
 
==Background==
 
==Background==
A property dispute where the terms of a marriage agreement devised several slaves to Susanna Cooper’s husband, John, upon her death. According to the agreement, John was to divide the slaves among his children in any way he felt was proper. However, after the death of his wife, John sold some of the slaves and bartered others with several people including Brown. Brown also happened to be the executor of John’s estate.
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Susanna Cooper (formerly Susanna Hooker) and her husband John Cooper entered into a marriage agreement.The terms of the agreement devised several slaves to John, upon Susanna's death. According to the agreement, John was to divide the slaves among his children in any way he felt proper. However, after Susanna died, John sold some of the slaves and bartered others with several people including William Brown. William also happened to be the executor of John’s estate. The Cowles and other legatees (legacies) of Susanna Cooper sued Thomas Cowles and William Brown in the High Court of Chancery to regain the slaves.
 
===The Court's Decision===
 
===The Court's Decision===
 
Chancellor Wythe decided that John Cooper’s sale of the slaves was valid and dismissed the petition with costs. The Court of Appeals affirmed.
 
Chancellor Wythe decided that John Cooper’s sale of the slaves was valid and dismissed the petition with costs. The Court of Appeals affirmed.

Revision as of 10:20, 13 March 2018

Cowles v. Brown, 8 Va. (4 Call) 477 (1803), [1] was a case determining whether a father, who agreed in his marriage settlement to divide his wife’s slaves among his children how he saw fit, could in turn sell those slaves for a profit.

Background

Susanna Cooper (formerly Susanna Hooker) and her husband John Cooper entered into a marriage agreement.The terms of the agreement devised several slaves to John, upon Susanna's death. According to the agreement, John was to divide the slaves among his children in any way he felt proper. However, after Susanna died, John sold some of the slaves and bartered others with several people including William Brown. William also happened to be the executor of John’s estate. The Cowles and other legatees (legacies) of Susanna Cooper sued Thomas Cowles and William Brown in the High Court of Chancery to regain the slaves.

The Court's Decision

Chancellor Wythe decided that John Cooper’s sale of the slaves was valid and dismissed the petition with costs. The Court of Appeals affirmed.

See also

References

  1. Daniel Call, Reports of Cases Argued and Decided in the Court of Appeals of Virginia, (Richmond: R. I. Smith, 1833), 4:477.