Vaught v. Wellborn
Supreme Court of Alabama
Error fo the Circuit Court of Madison. Tried before the Hon. Daniel Coleman. This was an action of debt instituted by the plaintiff against the defendant in error on a note for $3000,. made payable to-one James B. Vaught, and- by him assigned to the plaintiff..
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Error fo the Circuit Court of Madison. Tried before the Hon. Daniel Coleman. This was an action of debt instituted by the plaintiff against the defendant in error on a note for $3000,. made payable to-one James B. Vaught, and- by him assigned to the plaintiff.. The facts of the case are sufficiently noticed in the opinion of the court. 1. If the payee were suing on this bond, the proof by Paris would not sustain either the plea of payment, fraud, want of consideration or failure of consideration. Wellborn obtained a complete title and possession under if„ and retained that possession two…
1Opinion of the CourtChilton, J.
The sole question for our consideration is, whether the Circuit Court, properly admitted so much of the deposition of Elizabeth Paris, to be read to the jury, as *381shows that Catharine Vaught, the wife of James B. Vaught, pointed out the two slaves given in part consideration of the note sued on, to the soldiers under the command of Gen. Scott, and required them to take possession of them. The solution of this question must depend on the legal effect of the evidence which was admitted.
The proof shows that James B. Vaught was the owner of three slaves, besides others, which he acquired in right…
2Cases cited3 opinions
- Wolfe v. WashburnNew York Supreme Court · 1826
- McCord v. WilliamsSupreme Court of Alabama · 1841
- Morris v. BoothSupreme Court of Alabama · 1846
3Cited by2 opinions
- Brannon v. ColeAlabama Court of Appeals · 1959
- In re the Estate of JessupCalifornia Supreme Court · 1889