Adler v. Pin
Supreme Court of Alabama
Appeal from Perry Circuit Court. Tried before Hon. Jno. P. Hubbard. This was an action of trover brought by Martha J. Hudson and Loumalia Pin, against Emanuel Adler to recover damages for the conversion of a mule and cow ; and was commenced on Eeb. 15, 1885. Issue was joined on the plea of not guilty ; the trial resulting in a verdict and judgment for the plaintiffs.
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Appeal from Perry Circuit Court. Tried before Hon. Jno. P. Hubbard. This was an action of trover brought by Martha J. Hudson and Loumalia Pin, against Emanuel Adler to recover damages for the conversion of a mule and cow ; and was commenced on Eeb. 15, 1885. Issue was joined on the plea of not guilty ; the trial resulting in a verdict and judgment for the plaintiffs. As shown by the evidence, plaintiffs deduced title to the property, the subject of the alleged conversion, by gift from their grandmother, Jennie Adams, who had acquired it by parol gift from her husband, June Adams. The…
1Opinion of the CourtClopton, J.
While it is admissible to prove the declarations of a party in possession of property, as explanatory of his possession, they must be proved by a witness competent to testify. As an exception to the competency of parties as witnesses, the statute provides: “Neither party shall be allowed to testify against the other, as to any transaction with, or statement by, any deceased person whose estate is interested in the result of such suit.” The effect of the testimony of the defendant, which was excluded by the court, wonld have been, if believed, to increase the amount of the assets of the…
2Cases cited4 opinions
- McCravey v. RemsonSupreme Court of Alabama · 1851
- Miller v. HamptonSupreme Court of Alabama · 1861
- East and Wife v. . DolihiteSupreme Court of North Carolina · 1875
- Dunlap v. MobleySupreme Court of Alabama · 1881
3Cited by24 opinions
- Lindsay v. CooperSupreme Court of Alabama · 1891
- Little v. Union Oil Co.California Court of Appeal · 1925
- Burleson v. MaysSupreme Court of Alabama · 1914
- Pfingstl v. SolomonSupreme Court of Alabama · 1940
- Warner v. WarnerSupreme Court of Alabama · 1946
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