Mims' Executors v. Sturtevant
Supreme Court of Alabama
Error to the Circuit Court of Conecuh. Tried before the Hon. Nathan Cook. ' This was an action of assumption instituted on the 7th Sept. 1846, by the defendant against the plaintiffs in error, as executors of Britton Mims, deceased, to recover the hire of a slave . by the name of Penny, from January 1839 to Sept. 1S45. The case was tried on issues formed upon the pleas of non-assumpsit and the statute of limitations of three years.
Read the full summary
Error to the Circuit Court of Conecuh. Tried before the Hon. Nathan Cook. ' This was an action of assumption instituted on the 7th Sept. 1846, by the defendant against the plaintiffs in error, as executors of Britton Mims, deceased, to recover the hire of a slave . by the name of Penny, from January 1839 to Sept. 1S45. The case was tried on issues formed upon the pleas of non-assumpsit and the statute of limitations of three years. It appears by the bill of exceptions that in January 1839, the said Britton Mims sent the slave to the house of the plaintiff, who was the husband of one of his…
1Opinion of the CourtParsons, J.
Sturtevaal brought! Ms action of assumpsit m the-court below, against the defendants, as executors of Brit-ton Mims, to. recover the value cf the hire of a negro woman called Penny, who bad. been for some time in the possession of the testator before his death, and remained in the possession of the defendant, as his executors, for some time afterwards; but the present action is confined to the demand against the testator. This ease is very different from a case between the same parties in this court before. — See Mims & Mims v. Sturtevant, 36 Ala. 154,
It appears by the MM of exceptions that…
2Cases cited6 opinions
- McLure v. ColcloughSupreme Court of Alabama · 1849
- Mauldin, Montague & Co. v. ArmisteadSupreme Court of Alabama · 1848
- Sheppard v. WilkinsSupreme Court of Alabama · 1840
- Todd v. ToddSupreme Court of Alabama · 1849
- Trippe v. JohnSupreme Court of Alabama · 1848
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Ennis v. Pullman Palace Car Co.Illinois Supreme Court · 1896
- Gayle's Adm'r v. JohnstonSupreme Court of Alabama · 1882
- St.Louis & S. F. R. R. v. SuttonSupreme Court of Alabama · 1910
- Bartel v. MathiasOregon Supreme Court · 1890
- Butler v. KirbyWisconsin Supreme Court · 1881
5 more not listed; retrieve them via the Exa API.