Falls v. Gaither
Supreme Court of Alabama
Error to Marengo Circuit court. Detinue — tried before Chapman, J. The plaintiffs in error brought an action of detinue, in the Circuit court of Marengo, for the recovery of two female slaves of the defendant.
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Error to Marengo Circuit court. Detinue — tried before Chapman, J. The plaintiffs in error brought an action of detinue, in the Circuit court of Marengo, for the recovery of two female slaves of the defendant. The defendant pleaded non-delinet and the statute of limitations, on which issues of fact were joined, and the ease submitted to the jury.- On the trial, the presiding judge sealed a bill of exceptions, from which it appears, that both the plaintiffs and defendant claim the slaves sued for, under one Pinkney Caldwell, formerly of the State of North Carolina. The plaintiffs proved and…
1Opinion of the CourtCollier, C. J.
No question is raised in this case, as to the regularity of the bill of sale from Pinkney Caldwell to the plaintiffs, or the evidence by which it was proved to the jury. But the bill of exceptions leads us to enquire—
1. Was there a sale, and at what time, by Pinkney Caldwell, through the agency of Hiram Caldwell, to the defendant, of the slaves sued for 1
2. Was the evidence by which the sale was attempted to be made out, admissible in law ?
1. Though a difference of phraseology is employed in defining the contract of sale, by the elementary writers, yet all concur in the constituents,…
2Cases cited1 opinion
- Lupin v. MarieCourt for the Trial of Impeachments and Correction of Errors · 1830
3Cited by11 opinions
- Burton v. United StatesSupreme Court of the United States · 1906
- Southern States Fire Ins. v. KronenbergSupreme Court of Alabama · 1917
- Pilgreen v. StateSupreme Court of Alabama · 1882
- Sanford v. HowardSupreme Court of Alabama · 1857
- Ross v. ParksSupreme Court of Alabama · 1890
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