Mordecai v. Beal
Supreme Court of Alabama
Error to the Circuit court of Mobile. Detinue for a slave, tried before Judge Paul. Verdict and judgment for plaintiff. On the trial of this case, plaintiff below offered in evidence a copy of the will of Nathan Beal, and a paper, a copy of which is attached, marked A, purporting to be a division of the property mentioned in the will.
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Error to the Circuit court of Mobile. Detinue for a slave, tried before Judge Paul. Verdict and judgment for plaintiff. On the trial of this case, plaintiff below offered in evidence a copy of the will of Nathan Beal, and a paper, a copy of which is attached, marked A, purporting to be a division of the property mentioned in the will. He also proved, that he was the person called James A. Miller,, in the will; and that the negro sued for, was one of the negroes named in the will; and that the plaintiff was not twenty-seven years old at the commencement of the suit; and that the negro was in…
1Opinion of the CourtOrmond, J.
— Two questions arise in this case:
First — Was the preliminary evidence offered by the plaintiff in error, on the trial in the court below, sufficient.to authorise the introduction of secondary proof of the contents of the deed ?•
*535Secondly — Was the paper executed by Smoot and others, a legal division of the slaves?
The rule of law is, that the best evidence' which the subject admits of, must always be produced'; and if evidence of an inferior grade is offered, it raises the presumption, that the higher testimony is withheld for some sinister purpose. Before, therefore, testimony of an inferior…
2Cited by7 opinions
- McManus v. WallisTexas Supreme Court · 1880
- Kirkland v. KirklandSupreme Court of Alabama · 1938
- Jones v. ScottSupreme Court of Alabama · 1841
- McRae v. PeguesSupreme Court of Alabama · 1842
- Bethea v. McCallSupreme Court of Alabama · 1842
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