Jemison v. Smith
Supreme Court of Alabama
Appeal from the Circuit Court of Sumter. Tried before the lion. William S. Mudd. '■This action was brought by James B. Smith and others, wlio were the, children, grandchildren, and great-grandchildren oí Sion Smith, deceased, against William II. Jemison; and was commenced on the ,12th April, 1857. The defendant pleaded — 1st, the general- issue; 2d, the statute of limitations of- six years.
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Appeal from the Circuit Court of Sumter. Tried before the lion. William S. Mudd. '■This action was brought by James B. Smith and others, wlio were the, children, grandchildren, and great-grandchildren oí Sion Smith, deceased, against William II. Jemison; and was commenced on the ,12th April, 1857. The defendant pleaded — 1st, the general- issue; 2d, the statute of limitations of- six years. The plaintifls claimed the slaves in controversy, under a clause in the will of their ancestor, said Sion Smith, deceased, .which -was in the following words : .“I-.will and bequeath to my beloved .wile,…
1Opinion of the CourtA. J. Walker, C. J.
If the will of Sion Smith was .not admitted to probate, it follows, that it cannot be read as evidence of title to personal property, and that a copy of it cannot be certified, so as to become evidence under the act of congress of 1790. It is, therefore, a very important question, whether the transcript of the court of ordinary for Washington county, Georgia, shows that there was a probate of the will. All that we find in the transcript, bearing upon this point, is an affidavit by one of the subscribing witnesses, that “ he believes that he assigned his name' at the last part of the within…
2Cases cited10 opinions
- McArthur v. Carrie's Adm'rSupreme Court of Alabama · 1858
- Flinn v. DavisSupreme Court of Alabama · 1850
- Goldsmith, Forcheimer & Co. v. PicardSupreme Court of Alabama · 1855
- Intendant of Livingston v. PippinSupreme Court of Alabama · 1858
- Powell v. GlennSupreme Court of Alabama · 1852
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3Cited by11 opinions
- Duncan v. De YampertSupreme Court of Alabama · 1913
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- Independent Life Ins. Co. v. CarrollSupreme Court of Alabama · 1930
- Davis v. TarverSupreme Court of Alabama · 1880
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