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Dunkly v. Durham VA 1828
Posted by: Lee Ann Gerhart Date: October 24, 2000 at 23:55:20
  of 458

Judicial Cases concerning American Slavery and the Negro, 1926:
Vol. I -- Cases from the Courts of England, Virginia, West Virginia, and Kentucky
p. 151
Virginia Cases:
Durham v. Dunkly, 6 Randolph 78, November 1828.
Dunkley in 1804 delivered a slave, Jenny, "to the female Plaintiff [Nancy] . . . being both a that time under one year old," and on the same day executed a deed of gift conveying Jenny to Nancy, stipulating that Dunkly was "to keep the said negro, and raise it for" Nancy "until the said Nancy is thirteen years old." Immediately after the deed was executed, Jenny was taken back into the possession of Dunkly who has held the slave ever since. The donee never lived with him, nor was the deed ever recorded.
Held: the gift is void under the act of assemply [1 Rev. C. 432, sect. 51]


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