D. _By Statute of Limitation._ In Tennessee, three years of adverse
possession invested the title of a slave in the possessor by virtue of
the statute of limitation.[159] By the statute of limitation, a gift
of parol, which is absolutely void, would, after the lapse of three
years’ possession, convey title.[160] Judge Green in Davis v. Mitchell,
held that an infant might hold adverse possession of a slave, either by
himself or through a guardian, and that three years of such possession
invested the title of the slave in him.[161] Three years of uninterrupted
possession not only invested title, but the right to convey that
title.[162]
E. _By Statute of Frauds and Fraudulent Conveyances._ All gifts, grants,
loans, alienations or conveyances made with fraudulent purposes were
valid only between the parties making them and their heirs, assigns,
and administrators, and in no way barred the action of creditors.[163]
A conveyance of goods or chattels, without a valuable consideration,
was considered fraudulent, unless it was made by a will duly proved
and recorded or a deed acknowledged and proved. By act of 1805, such
recording had to be done within nine months to be valid against creditors
or future purchasers.[164] In Tennessee the want of possession was only
prima facie evidence of fraud, and might be explained.[165] If a father
represented a slave to be his son’s delivered possession and permitted
possession to continue during the lifetime of the son, who also claimed
the slave as his own, it was a gift. The acknowledgment of the son
that the slave belonged to the father would not bar the claim of the
widow.[166]
F. _By Prescription._ Prescription passed the title and possession of
slaves in Tennessee.[167] In the case of Andrews v. Hartsfield, Judge
Green held that a bona fide loan of slaves by a father to a married
daughter for five years subjected the slaves to sale for the debts of her
husband.[168]
VII. THE LAW OF INCREASE—
A. _As to Condition of Increase._ Tennessee adopted the rule of nature,
pertaining to human creatures, in declaring that the condition of the
mother should be that of the child. Children born of a mother emancipated
at a future date received their freedom with the mother. In the case
of Harris v. Clarissa, who was to receive her freedom at the age of
twenty, Judge Catron, speaking of the condition of her children born
after the bequest of her freedom, said: “Had she been a slave forever,
their condition would have been the same, she being a slave for years,
their condition could not be worse. The child before born is a part
of the mother, and its condition the same; birth does not alter its
rights.”[169] Children born of a mother conditionally manumitted were
held to be slaves.[170]
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