Gantt's Adm'r v. Phillips
Supreme Court of Alabama
Error to the Circuit Court of Dalllas. Tried before the Hon. Nathan Cook:. Detinue by the plaintiff in error, William E. Bird, as administrator de bonis non, with the will annexed, of Robert Gantt, deceased, against the defendant in error, for the recovery of a negro man slave, named Phil, alleged to have been the property of said testator in his lifetime, and of which he died in possession. The picas were, non detinet and the statute of limitations.
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Error to the Circuit Court of Dalllas. Tried before the Hon. Nathan Cook:. Detinue by the plaintiff in error, William E. Bird, as administrator de bonis non, with the will annexed, of Robert Gantt, deceased, against the defendant in error, for the recovery of a negro man slave, named Phil, alleged to have been the property of said testator in his lifetime, and of which he died in possession. The picas were, non detinet and the statute of limitations. Verdict and judgment for the defendant below. On the trial a bill of exceptions was allowed, by which it appears that the plaintiff offered in…
1Opinion of the CourtGibbons, J.
The court, after charging the jury that the record was the best and only evidence of the appointment of Elizabeth Gantt to the office of executrix of Robert Gantt, deceased, and of her qualification therein, if said record was in existence, further charged as follows: “Yet, if the jury are satisfied from the proof, that she had been appointed, and had qualified as aforesaid, and that, by the laps® of time, the papers *290and records of the appointment had been lost or destroyed, so that they were not now to be found, then they might find and conclude that she had been such executrix, without the…
2Cases cited6 opinions
- Rhodes v. TurnerSupreme Court of Alabama · 1852
- Gray v. GardnerMassachusetts Supreme Judicial Court · 1807
- Thompson v. MillerSupreme Court of Alabama · 1830
- Heirs of Bishop v. HamptonSupreme Court of Alabama · 1849
- Bondurant v. Thompson's DistributeesSupreme Court of Alabama · 1849
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- McArthur v. Carrie's Adm'rSupreme Court of Alabama · 1858
- Garrett v. GarrettSupreme Court of Alabama · 1881
- Austin v. JordanSupreme Court of Alabama · 1860
- Alabama Coal & Coke Co. v. Gulf Coal & Coke Co.Supreme Court of Alabama · 1911
- Prince v. PrinceSupreme Court of Alabama · 1914
8 more not listed; retrieve them via the Exa API.