Cowles v. Brown

File:CallsReports1833V4CowlesvBrown.jpg

First page of the opinion Cowles v. Brown, in Reports of Cases Argued and Decided in the Court of Appeals of Virginia, by Daniel Call. Richmond: R. I. Smith, 1833.

Cowles v. Brown, Call Vol. IV 477 (1803), 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

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.

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

• Wythe's Judicial Career