Mauldin v. Mitchell
Supreme Court of Alabama
Error to the Circuit Court of Montgomery. Before the Hon. G. Goldthwaite. Trial of right of property, in which the plaintiff in error was the plaintiff in execution. From a bill of exceptions it appears, that the plaintiff levied on a slave by the name of Jesse, by virtue of an execution against Columbus W. Mitchell, and proved that the slave was in his possession at the time of the levy, and that he and the claimant, John Mitchell, were brothers.
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Error to the Circuit Court of Montgomery. Before the Hon. G. Goldthwaite. Trial of right of property, in which the plaintiff in error was the plaintiff in execution. From a bill of exceptions it appears, that the plaintiff levied on a slave by the name of Jesse, by virtue of an execution against Columbus W. Mitchell, and proved that the slave was in his possession at the time of the levy, and that he and the claimant, John Mitchell, were brothers. The claimant read to the jury a deed executed on 21st February, 1846, by Columbas W. Mitchell, by which he conveyed, in consideration of ft,000,…
1Opinion of the CourtCollier, C. J.
In Grey v. Young, 4 McC. Rep. 38, which was an action for the breach of warranty of the soundness of a slave, the declarations of the slave that he had a pain in the side, which declaration induced the discovery of his disease, were received against the defendant. The competency of this evidence was rested upon the ground that it was mere inducement, and admissible from necessity. But in another case, the declarations of a negro were judged inadmissible, because he was an incompetent witness; it was however held, that they might be received in connection with, and as the foundation of the…
2Cases cited10 opinions
- Planters' & Merchants' Bank of Mobile v. BorlandSupreme Court of Alabama · 1843
- Planters' & Merchants' Bank of Mobile v. WillisSupreme Court of Alabama · 1843
- White v. StrotherSupreme Court of Alabama · 1847
- Borland v. WalkerSupreme Court of Alabama · 1845
- Henderson v. MabrySupreme Court of Alabama · 1848
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3Cited by8 opinions
- Mayer v. ClarkSupreme Court of Alabama · 1866
- Upson v. RaifordSupreme Court of Alabama · 1856
- Millard's Adm'rs v. HallSupreme Court of Alabama · 1854
- Rowland v. WalkerSupreme Court of Alabama · 1851
- Wyatt v. StewartSupreme Court of Alabama · 1859
3 more not listed; retrieve them via the Exa API.