Gilbert v. Bradford
Supreme Court of Alabama
Error to the Circuit Court of Autauga. Before the Hon. George Goldthwaite. This was a motion, on the part of plaintiff, against defendant in error, to quash an execution, issued on a judgment rendered in favor of the defendant, againsCthe plaintiff, on the 3d October, 1838, and also a levy made thereon, in April, 1848, upon the ground, that on the 22d October, 1842, he filed his petition for the benefit of the bankrupt act, upon which, he, in the due course of proceeding,…
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Error to the Circuit Court of Autauga. Before the Hon. George Goldthwaite. This was a motion, on the part of plaintiff, against defendant in error, to quash an execution, issued on a judgment rendered in favor of the defendant, againsCthe plaintiff, on the 3d October, 1838, and also a levy made thereon, in April, 1848, upon the ground, that on the 22d October, 1842, he filed his petition for the benefit of the bankrupt act, upon which, he, in the due course of proceeding, was duly declared a bankrupt, and received a certificate of final discharge from his debts, &c. The defendant contested,…
1Opinion of the CourtCollier, C. J.
1. We have repeatedly held, in conformity with the generally received doctrine, that the declarations of a party in the possession of real or personal property, that he held it in his own right, or under another, is proper evidence as a part of the res gestee, which res gestee is his possession, but such declarations beyond this, are no part of the subject matter, or thing done, and cannot be received as evidence, upon the hypothesis that they are. The citations by the plaintiff in error, establish this proposition.
The answer of plaintiff, when applied to by Shannon to borrow money, that he…
2Cases cited4 opinions
- McBride v. ThompsonSupreme Court of Alabama · 1845
- Blount v. TraylorSupreme Court of Alabama · 1843
- Hargroves v. CloudSupreme Court of Alabama · 1845
- Strawbridge v. SpannSupreme Court of Alabama · 1845