Gressett v. Agee
Supreme Court of Alabama
Error to the Circuit Court of Monroe. Before the Hon. J. Bragg. The defendants in error issued an execution against Benjamin M. Gressett, which being levied on certain slaves, they were claimed by the plaintiff in error, as the administrator of William J. Gressett, sr. deceased.
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Error to the Circuit Court of Monroe. Before the Hon. J. Bragg. The defendants in error issued an execution against Benjamin M. Gressett, which being levied on certain slaves, they were claimed by the plaintiff in error, as the administrator of William J. Gressett, sr. deceased. An issue being made up, to try the right of property, it was shown that Benjamin M. Gressett sold the negroes to William J. Gressett, for a bona fide consideration before his death, and there was no evidence tending to impeach the sale as fraudulent. The claimant offered to prove that the sale was a matter of public…
1Opinion of the CourtDargan, J.
It is unnecessary to examine the questions arising on the admissibility of the testimony, for if the charge of the court was correct, whether the testimony was admitted or rejected, became wholly immaterial; for the court assumed, in the charge to the jury, that the sale was fair and bona fide, but instructed them, that if the defendant in execution had had the possession of the slaves for three years prior to the levy, then the slaves wore liable to be sold by the execution, under the statute of frauds.
The second section of the statute or frauds, Clay’s Dig. 255, after prescribing the mode…
2Cited by3 opinions
- Carr v. LesterSupreme Court of Alabama · 1890
- Mathis v. ThurmanSupreme Court of Alabama · 1904
- Foster v. CrittendenAlabama Court of Appeals · 1938