O’NEIL, MICHAUX & THOMAS vs. TEAGUE & TEAGUE
BIBB COUNTY, AL
Source: Reports Of Cases At Law And In Equity 
Argued And Determined In The Supreme 
Court Of Alabama, Vol. VIII, 1845-1846, 
pg. 272-279.
Submitted by Larry E. Caver, Jr.



BIBB COUNTY

O’NEIL, MICHAUX & THOMAS vs. TEAGUE & TEAGUE

On the 4th of April 1844, a writ of fieri facias 
was issued from the Circuit Court of Bibb, at the suit 
of the plaintiffs in error, commanding that the sum 
of $3,096.11 damages, besides costs, to be made of 
the goods, etc. of James O’HARA and James C. O’HARA.   

This fi fa was received by the sheriff of Shelby, 
on the 2nd of May, and on the 16th of the same month 
levied on two slaves, viz: CAROLINE, a slave aged about 
twelve, and HENRY, about eight years old, as the property 
of James C. O’HARA.   

On the next day, James D. TEAGUE interposed 
a claim to these slaves on behalf of himself 
and Eldred B. TEAGUE, and gave bond with surety to 
try the right, pursuant to the statute.   

An issue was made up in due form, and the question of 
the liability of the slaves to satisfy the 
execution, submitted to a jury, who returned a verdict 
in favor of the claimants, and judgment was rendered 
accordingly.

On the trial, the plaintiffs in execution excepted 
to the ruling of the court…The claimants then proved 
that in the latter part of August 1843, John W. 
TEAGUE sent these slaves to his daughter, who a short 
time previously had intermarried with James C. O’HARA, 
designing them as a gift to her, and for her own 
use during life, and to her children, of any, on her 
death; of none, then to revert to him (the donor) 
or his heirs.   The father informed the husband of 
his purpose, at the time he sent the slaves, and that 
he would have a deed made 
in order to carry it into effect...

The claimants then proposed to read to the jury 
the deed, which is a deed of gift from the father to 
the clainants, as trustees of the slaves, Caroline and 
Henry, for the benefit of Eleanor S., who it is provided 
“with her husband, the said James C., are to retain the 
peaceable possession of said slaves, with 
their increase during coverture, and during the natural 
life of the said Eleanor. And should said Eleanor died 
without issue, said slaves to revert back to me (the donor) 
or my lawful heirs…” This deed bears date the 29th of August 
1843, and by an indorsement thereon, appears to have 
been acknowledged by the donor on the day of its date 
and filed for registration on the 4th of 
September of the same year…

[Decision]… (Lengthy discussion) Whether such 
proof can be made as will show a mistake, and 
authorize a court of chancery so to modify the 
settlement as to secure to Mrs. O’HARA a separate estate 
in the slaves, is a question not now presented, but proper 
for the consideration of the parties interested; whether 
her children, or those who may be entitled after her death, 
can protect their future interest, is alike foreign to our 
inquiries at present.   

Reversed and remanded.