Whitman v. Revels' Adm'r
Supreme Court of Alabama
Appeal from tbe Circuit Court of Perry. Tried before tbe Hon. PoRTER King. This action was brought by tbe administrator of Samuel Eevels, deceased, against Samuel Whitman, to recover a negro woman, named Emma, and her two children, together with damages for their detention; and was commenced on the 12th March, 1858. The defendant pleaded not guilty, and several special pleas denying the validity of the plaintiff’s letters of administration; and, so far as the record…
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Appeal from tbe Circuit Court of Perry. Tried before tbe Hon. PoRTER King. This action was brought by tbe administrator of Samuel Eevels, deceased, against Samuel Whitman, to recover a negro woman, named Emma, and her two children, together with damages for their detention; and was commenced on the 12th March, 1858. The defendant pleaded not guilty, and several special pleas denying the validity of the plaintiff’s letters of administration; and, so far as the record discloses, issue was joined on all of these pleas without objection. On the trial, as appears from the bill of exceptions, the…
1Opinion of the CourtR. W. Walker, J.
It has been held by this court, that an instrument which acknowledges the payment of the consideration for certain personal property, though in form a receipt, is in effect a bill of sale, operates a conveyance of the title, and cannot be varied by parol evidence. — Bush v. Bradford, 15 Ala. 317; Morgan v. Smith, Wykoff & Nicholl, 29 Ala. 283 ; see, also, Jones v. Trawick’s Adm’r, 31 Ala. 253.
But the cases in which this has been decided, are very different from the one now before us. Here, the defendant held a note on the plaintiff’s intestate, executed and bearing date on the ltíth April,…
2Cases cited7 opinions
- Barlow v. FlemmingSupreme Court of Alabama · 1844
- Jones v. Trawick's Adm'rSupreme Court of Alabama · 1857
- Bush v. BradfordSupreme Court of Alabama · 1849
- Morgan v. Smith, Wykoff & NichollSupreme Court of Alabama · 1856
- Self v. HerringtonSupreme Court of Alabama · 1847
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Shriner v. MeyerSupreme Court of Alabama · 1911