Legal Opinion

Wyatt's Adm'r v. Scott

Supreme Court of Alabama

Decided June 15, 1858PublishedCited by 6 opinions

Appeal from the Circuit Court of Dallas. Tried before the Hon. E. W. Pettus. This action was brought by Thomas M. Williams, as the administrator de bonis non of Peter Wyatt, deceased, against James J. Scott, to recover damages for the alleged conversion of a slave named Elbert; and was commenced on the 10th October, 1857. The defendant pleaded, “ in short by consent, not guilty, and ne tonques administrator and issue was joined on these pleas.

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Appeal from the Circuit Court of Dallas. Tried before the Hon. E. W. Pettus. This action was brought by Thomas M. Williams, as the administrator de bonis non of Peter Wyatt, deceased, against James J. Scott, to recover damages for the alleged conversion of a slave named Elbert; and was commenced on the 10th October, 1857. The defendant pleaded, “ in short by consent, not guilty, and ne tonques administrator and issue was joined on these pleas. The 'cause was tried on an agreed statement of facts, as follows: “ Elbert, the slave in controversy, belonged to Peter Wyatt, deceased, at the time of…

1Opinion of the Court

WALKER, J.—

The decisions of this court, in the cases of McArthur v. Carrie’s Adm’r, 32 Ala. 75; Milton v. Haden, 32 Ala. 30; Lawson v. Lay, 23 Ala. 377; and Gantt v. Phillips, 23 Ala. 275, are conclusive in favor of the correctness of the charge given by the circuit court;- and on the authority of those decisions, the judgment of the court below is affirmed.

Stone, J., not sitting.

2Cases cited4 opinions

  1. McArthur v. Carrie's Adm'rSupreme Court of Alabama · 1858
  2. Lay's v. Lawson's Adm'rSupreme Court of Alabama · 1853
  3. Milton v. HadenSupreme Court of Alabama · 1858
  4. Gantt's Adm'r v. PhillipsSupreme Court of Alabama · 1853

3Cited by6 opinions

  1. Baker v. PrewittSupreme Court of Alabama · 1879
  2. Laird v. Columbia Loan & Investment Co.Supreme Court of Alabama · 1927
  3. White v. HutchingsSupreme Court of Alabama · 1866
  4. Worley's Adm'rx v. High's Adm'rSupreme Court of Alabama · 1866
  5. Collins v. JohnsonSupreme Court of Alabama · 1871

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