Nelson v. Iverson
Supreme Court of Alabama
Error to the Circuit Court of Macon. Tried before the Hon. John J. Woodward. This was an action of detinue instituted by the plaintiff against the defendant in error to recover two slaves, which he claimed by virtue of a parol gift from his uncle, Garland Dawkins.
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Error to the Circuit Court of Macon. Tried before the Hon. John J. Woodward. This was an action of detinue instituted by the plaintiff against the defendant in error to recover two slaves, which he claimed by virtue of a parol gift from his uncle, Garland Dawkins. The proof tended to show that in 1823 the said Garland Dawkins gave a slave by the name of Lucy and the mother of those sued for to the plaintiff, who was then an infant, and delivered possession to his mother, Mrs. Martha Nelson; that Mrs. Nelson retained the possession of Lucy until 1S30, when the said Garland Dawkins obtained the…
1Opinion of the Court
CHILTON, J,
1. The first question is, did the court properly reject the fifth direct interrogatory propounded to Mrs. Martha Nelson, and the answer thereto. We think the proof proposed was competent. The question was whether Garland Dawkins had given the'property in controversy to the plaintiff? This witness is examined to prove the gift, and is then enquired of as to the reason which prompted the donor for making it. She states that be “received more of the estate of his father than his brothers and sisters, and gave the property to the plaintiff on that account, and promised to do even more…
2Cases cited10 opinions
- Jackson ex dem. Griswold v. BardNew York Supreme Court · 1809
- Abney v. Kingsland & Co.Supreme Court of Alabama · 1846
- McBride v. ThompsonSupreme Court of Alabama · 1845
- Shippey v. EastwoodSupreme Court of Alabama · 1846
- Griggs v. WoodruffSupreme Court of Alabama · 1848
5 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Brooklyn Life Insurance v. BledsoeSupreme Court of Alabama · 1875
- Mahone v. WilliamsSupreme Court of Alabama · 1863
- Baucum v. GeorgeSupreme Court of Alabama · 1880
- Marks v. Robinson & LedyardSupreme Court of Alabama · 1886
- Varney v. CurtisMassachusetts Supreme Judicial Court · 1913
28 more not listed; retrieve them via the Exa API.