Dunklin v. Wilkins
Supreme Court of Alabama
Weit of Error to the Circuit Court of Lowndes county. This action is detinue, for the recovery of certains slaves. On the trial, upon the general issue, the plaintiffs claimed title to the slaves under one Judge, and gave in evidence, a bill of sale from him to them.
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Weit of Error to the Circuit Court of Lowndes county. This action is detinue, for the recovery of certains slaves. On the trial, upon the general issue, the plaintiffs claimed title to the slaves under one Judge, and gave in evidence, a bill of sale from him to them. The defendant then proved that neither the plaintiffs or Judge, ever had the actual possession of the slaves; and offered to prove that the bill of sale was obtained from Judge by the plaintiffs, through fraud and misrepresentation. This evidence was objected to by the plaintiffs, and rejected by the court. The defendant…
1Opinion of the CourtGoldthwaite, J.
1. The evidence offered, in the first instance, to show that the plaintiffs’ title to the slaves was acquired from Judge by fraud, was very properly rejected, because as the case then stood, the defendant was not connected with Judge, and therefore could have no interest in disputing a matter which Judge alone was competent to contest. For any thing then, disclosed, Judge may have acquiesced in the fraud, or subsequently have ratified the contract.
2. But this became a very different question, as soon as it was offered to show that the defendant held the slaves as the agent of Judge, and…
2Cases cited3 opinions
- People ex rel. Tibbits v. Canal AppraisersNew York Supreme Court · 1835
- Brown v. LipscombSupreme Court of Alabama · 1839
- Goodwin v. LloydSupreme Court of Alabama · 1838
3Cited by10 opinions
- McCay v. ParksSupreme Court of Alabama · 1918
- McGuire v. ShelbySupreme Court of Alabama · 1852
- Wilkins v. JudgeSupreme Court of Alabama · 1848
- Hinton v. NelmsSupreme Court of Alabama · 1848
- Rice v. Birmingham Coal & Coke Co., Inc.Supreme Court of Alabama · 1992
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