Ryburn v. Pryor
Supreme Court of Arkansas
Appeal from the Circuit Court of Hempstead county. The Hon. Shelton Watson, Circuit Judge, presiding. The declarations and statements of a grantor or assignor, in relation to his title to the property, whether real or personal, made whilst he is in possession and before he parts with his title, are good evidence not only against himself, but against those who claim under him; yet if made after he has parted with the possession, they cannot be used as evidence at all.
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Appeal from the Circuit Court of Hempstead county. The Hon. Shelton Watson, Circuit Judge, presiding. The declarations and statements of a grantor or assignor, in relation to his title to the property, whether real or personal, made whilst he is in possession and before he parts with his title, are good evidence not only against himself, but against those who claim under him; yet if made after he has parted with the possession, they cannot be used as evidence at all. Carrell vs. Early, 4 Bibb Rep. 270. Sharp vs. Wickliffe, In trover a jury may give as damages, the value of the property at the…
1Opinion of the Court
Strain, Special Judge,
delivered the opinion of the Court.
This is an action of trover from the Hempstead Circuit Court, instituted by Pryor against Ryburn, for a negro woman and her two children. There was verdict, and judgment for the plaintiff, motion for new trial, which was overruled and Ryburn appealed to this court.
For the purpose of establishing his claim to the negroes, Pryor proved in the court below, that in the year 1826, he was married to Martha Ann Ryburn, the sister of the defendant and the daughter of Matthew Ryburn, in the State of Tennessee; and that Matthew Ryburn gave the…
2Cited by7 opinions
- McWilliams v. Excelsior Coal Co.Court of Appeals for the Eighth Circuit · 1924
- Pryor v. RyburnSupreme Court of Arkansas · 1856
- Miles v. MonroeSupreme Court of Arkansas · 1910
- Brooks v. StateSupreme Court of Arkansas · 1908
- Williams v. JohnstonSupreme Court of Arkansas · 1907
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