Legal Opinion

Price v. Br. Bank

Supreme Court of Alabama

Decided January 15, 1850PublishedCited by 3 opinions

Error to the Circuit Court of Limestone. Tried before the Hon. Sam’l Chapman. 1. It is insisted that the court erred in admitting the proof of Murphey’s declarations. In Bliss v. Winston, 1 Ala. 344, and in Oden v. Stubblefield, 4 Ala. 40, this court held that it was permissible to prove the declarations of a party in possession as to the title under which he held such possession, that is, whether lie held in his own right or in right of another.

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Error to the Circuit Court of Limestone. Tried before the Hon. Sam’l Chapman. 1. It is insisted that the court erred in admitting the proof of Murphey’s declarations. In Bliss v. Winston, 1 Ala. 344, and in Oden v. Stubblefield, 4 Ala. 40, this court held that it was permissible to prove the declarations of a party in possession as to the title under which he held such possession, that is, whether lie held in his own right or in right of another. This is an exception to the general rule that hearsay is not competent evidence, and by these decisions this exception is confined expressly to…

1Opinion of the CourtDar.gan, C. J.

This was an action of trespass brought by the plaintiff against the defendant to recover damages for taking and selling the slaves and other goods described in the declaration, which the plaintiff claimed by virtue of a deed of trust executed by Thomas B. Murphy to him for the purpose of securing the debts named therein. The plaintiff proved the validity of the debts secured by the deed, and that B. A. Philpott, under the instructions of the defendant, took possession of and sold the property. • The defendant then proved that Murphy, the grantor in the deed, and one Halliday, as partners in…

2Cases cited4 opinions

  1. Julian v. ReynoldsSupreme Court of Alabama · 1845
  2. Oden v. StubblefieldSupreme Court of Alabama · 1842
  3. Ellis v. HowardSupreme Court of Vermont · 1845
  4. Garey v. FrostSupreme Court of Alabama · 1843

3Cited by3 opinions

  1. Ala. & Tenn. Rivers Railroad v. KiddSupreme Court of Alabama · 1856
  2. AnonymousSupreme Court of Alabama · 1859
  3. Cook v. KnowlesMichigan Supreme Court · 1878

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