White v. Strother
Supreme Court of Alabama
Writ of Error to the Circuit Court of Greene. Trover, by Strother, et al. against White, for the conversion of certain slaves.
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Writ of Error to the Circuit Court of Greene. Trover, by Strother, et al. against White, for the conversion of certain slaves. At the trial, the plaintiffs claimed title to the slaves, as the legatees of one Medley, and offered in evidence the probate of his will, in Madison county, Virginia, in these terms, to wit: “ At a court held for Madison county, 25th July,-1822, this last will and testament of Reuben Medley was produced in open court, and proved by the oaths of Richard H. Field, and William Glassel, two of the witnesses thereto, and ordered to be recorded.” The certificate of the…
1Opinion of the CourtGoldthwaite, J.
1. The act of Congress does not prescribe the form of certificate by which the clerk of a court in a sister State shall certify the record to make it evidence in another State, or indeed that any certificate shall be made by that officer. The record is proved whenever there is the attestation of the clerk with the seal of the court annexed, if there be a seal, together with the certificate of the presiding jndge, that the attestation is in due form. 'It is therefore the certificate of the judge which establishes the validity of the form pursued by the clerk, and it can make no difference what…
2Cases cited1 opinion
- Ferguson v. HarwoodSupreme Court of the United States · 1813
3Cited by21 opinions
- Fulkerson v. HolmesSupreme Court of the United States · 1886
- Thrasher v. IngramSupreme Court of Alabama · 1858
- Young Ah Chor v. John Foster Dulles, Secretary of State of the United States of AmericaCourt of Appeals for the Ninth Circuit · 1959
- Palmer v. StateSupreme Court of Alabama · 1909
- Duncan v. WatsonSupreme Court of Alabama · 1916
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