Furlow's Adm'r v. Merrell
Supreme Court of Alabama
Error, to the Circuit Court of Macon. Tried before the Hon. Robert Dougherty, Detinue by the plaintiff in error, as administrator of John Furlow, deceased, for a slave named Sam.
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Error, to the Circuit Court of Macon. Tried before the Hon. Robert Dougherty, Detinue by the plaintiff in error, as administrator of John Furlow, deceased, for a slave named Sam. On the trial a bill of exceptions was allowed, by which the following facts appear : The plaintiff proved that his intestate, John Furlow, had possession of the slave in controversy for several years in the State of Georgia, to-wit: from about 1832 up to the time of his death in 1840 or 1841, and that the property, with other slaves then went into the possession of his wife, Cynthia Furlow, and continued therein…
1Opinion of the CourtGibbons, J.
The court, in our opinion, committed no error in permitting the answer to the fifth interrogatory set out in the bill of exceptions to be read to the jury. The objections were, that this answer “was not responsive to the interrogatory, and because the same was illegal and irrelevant, the question being as to the will of George M. Hill, and the answer being as to a will of George M. Hill.” It will be seen, when this answer is compared with the interrogatory, that it is for the most part directly responsive thereto. Nor can we see how the testimony was illegal or irrelevant. It is true, the…
2Cases cited1 opinion
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