Elizabeth Newman and her husband, Randolph, residents of Alabama, seek the return of a slave given to her by her late father, John Syler. In 1835, Syler conveyed a slave named Milly, then about eight years old, to Elizabeth for her "sole and separate use." In 1843, Randolph "became embarrassed" by debts and, in order to protect her property, Elizabeth sent Milly back to Syler's house in Tennessee. In exchange, Syler loaned the Newmans a ten-year-old slave named Manda. The next year, Syler offered to give them Manda as their permanent property; the Newmans agreed and Syler executed a second deed of gift. However, as Randolph Newman's affairs remained disordered, Syler continued to house Milly until his death. Now, John W. Syler, the estate's executor, has legal possession of Milly and her two children and refuses to give them up. Further, the widow of the late Syler claims that, by right of his will, she is entitled to a life estate in Milly. The Newmans argue that Milly is not subject to the provisions of the will and is Elizabeth's property by right of the 1835 deed of gift. They pray that Milly and her children be returned to them and that they "be allowed hire for her since the death of said testator."
Result: Granted; appealed; reversed.
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Repository: Tennessee State Library and Archives, Nashville, Tennessee
