Abney v. Kingsland & Co.
Supreme Court of Alabama
Writ of Error to tlio Circuit Court of Sumter. On the first day of August, 1843, a writ of fieri facias was issued from the county court of Sumter, at the suit of the defendants in error, against the goods and chattels, &c. of M. Abney, and levied in November following, by the sheriff of that county, on a negro man named York, who was claimed by the plaintiff in error, and bond given to try the right, pursuant to statute.
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Writ of Error to tlio Circuit Court of Sumter. On the first day of August, 1843, a writ of fieri facias was issued from the county court of Sumter, at the suit of the defendants in error, against the goods and chattels, &c. of M. Abney, and levied in November following, by the sheriff of that county, on a negro man named York, who was claimed by the plaintiff in error, and bond given to try the right, pursuant to statute. An issue was accordingly made up and submitted to a jury, who returned a verdict declaring the slave liable to the satisfaction of the execution, and judgment was rendered…
1Opinion of the CourtCollier, C. J.
The declarations of the defendant in execution made to the deputy sheriff a short time previous to-the levy on Ned were certainly inadmissible. True, it has' been often held, that what a person in the possession of real or personal estate says, in respect to the same, are admissible? as part of the res gestee. But in McBride and wife v. Thomp*360son, (8 Ala. R. 650,) we said, “it is not to be understood that such declarations aro admissible to every conceivable extent.” That “ the affirmation of the party in possession, that he held in his own right, or under another, is proper evidence as part…
2Cases cited6 opinions
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3Cited by35 opinions
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