M'Cutchen's Adm'rs v. M'Cutchen
Supreme Court of Alabama
Error to J'acksou Circuit court. Detinue for slaves — tried before Lane, J. John McCutchen, of Jackson county, in his life time, executed a deed of conveyance of sundry negro slaves, to his grandson, William W. McCutchen, then in the State of Mississippi, and delivered the same to John H. Gray, to be handed to W. W. McCutchen.
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Error to J'acksou Circuit court. Detinue for slaves — tried before Lane, J. John McCutchen, of Jackson county, in his life time, executed a deed of conveyance of sundry negro slaves, to his grandson, William W. McCutchen, then in the State of Mississippi, and delivered the same to John H. Gray, to be handed to W. W. McCutchen. John McCutchen died in January, eighteen hundred and thirty-five, and shortly afterwards, Gray handed the deed to said W. W. McCutchen, who then obtained possession of the negroes mentioned in the deed. The suit was brought by the plaintiffs, administrators of John…
1Opinion of the CourtOrmond, J.
Several preliminary questions are raised on the record in this case, and have been made in argument, which it will be proper to determine, before proceeding to the examination of the main question.
The first of these, is an objection to the reading of the deposition of John H. Gray, because it was not shewn that he had left the State. The deposition of Gray had been taken by authority of the statute authorising the deposition of witnesses about to leave the State to be taken. As the statute declares that; depositions shall be taken de bene esse, it was necessarjr for the party offering it,.to…
2Cases cited2 opinions
- Banks' Adm'r. v. MarksberryCourt of Appeals of Kentucky · 1823
- M'Coy v. MossSupreme Court of Alabama · 1837
3Cited by14 opinions
- Hamilton v. PeopleMichigan Supreme Court · 1874
- Driscoll v. DriscollCalifornia Supreme Court · 1904
- Thomason v. DillSupreme Court of Alabama · 1857
- Morris v. HarveySupreme Court of Alabama · 1842
- Newman v. JamesSupreme Court of Alabama · 1847
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