Webster v. Smith
Supreme Court of Alabama
Writ of error to the Circuit Court of Tuscaloosa. Claim of property interposed by Smith, to a slave levied on by afi.fa. at the suit of Webster against one Avery. At the trial, the plaintiff offered evidence, tending to show that Avery, the defendant in execution, remained in possession ot the slave in controversy for three years, so as to make it subject, under the statute of frauds, to his debts.
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Writ of error to the Circuit Court of Tuscaloosa. Claim of property interposed by Smith, to a slave levied on by afi.fa. at the suit of Webster against one Avery. At the trial, the plaintiff offered evidence, tending to show that Avery, the defendant in execution, remained in possession ot the slave in controversy for three years, so as to make it subject, under the statute of frauds, to his debts. The •claimant made title under a bill of sale from Avery, dated 20th June, 1839, and introduced evidence tending to show a bona fide purchase; but there was also evidence conducing to show the sale…
1Opinion of the CourtGoldthwaite, J.
1. It is supposed by the counsel for the plaintiff in error, that the statute excluding the defendant in execution as a witness in a claim suit, should be so construed as to also exclude evidence of any admission by him, explanatory of the nature of his title to the thing seized in execution, but we can see no warrant thus to extend its construction. As a general rule, the admissions of one in possession, is proper evidence to explain the nature of that possession. [McBride v. Thompson, 8 Ala. Rep. 650, and cases there cited.] - And the mere circumstance that he is not a competent witness,…
2Cases cited1 opinion
- McBride v. ThompsonSupreme Court of Alabama · 1845
3Cited by4 opinions
- Beall v. LedlowSupreme Court of Alabama · 1848
- Bradford v. ButtramSupreme Court of Alabama · 1921
- Creagh v. SavageSupreme Court of Alabama · 1848
- Darling v. BryantSupreme Court of Alabama · 1849