Lay's v. Lawson's Adm'r
Supreme Court of Alabama
Error to the Circuit Court of Greene. Tried before the Hon. Andrew B. Moore. Detinue by Alexander Lawson, as administrator of Elijah Lawson, deceased, against Thomas T. Tyree, executor of Amos Lay, deceased, for several slaves, one named Isaac, another named Martha, and the others her children. The defendant pleaded : 1, JVora detinet; 2• The statute of limitations of six years ; 3. That the slave Martha had died since the last continuance.
Read the full summary
Error to the Circuit Court of Greene. Tried before the Hon. Andrew B. Moore. Detinue by Alexander Lawson, as administrator of Elijah Lawson, deceased, against Thomas T. Tyree, executor of Amos Lay, deceased, for several slaves, one named Isaac, another named Martha, and the others her children. The defendant pleaded : 1, JVora detinet; 2• The statute of limitations of six years ; 3. That the slave Martha had died since the last continuance. The plaintiff joined issue on the first plea, replied specially to the second, and demurred to the third ; and the demurrer was sustained. It is…
1Opinion of the CourtGoldthwaite, J.
Ac to the competency of Mrs. Lay: In McGuire v. Shelby, 20 Ala. 456, we held, that a distributee of an estate was pri'ms facie an incompetent witness, when his testimony tended to increase the funds of the estate. In the present case, the witness was a distributee in both estates, the one represented by the plaintiff, and the other by the defendant; hut the whole number of the distributees of the estate of Lawson were but four, while the distributees of the estate of Lay *389exceeded that number. It follows that the distributive share of the witness in the property, if recovered by the plaintiff,…
2Cases cited9 opinions
- Bank of United States v. DandridgeSupreme Court of the United States · 1827
- Jones v. JonesSupreme Court of Alabama · 1850
- Benje v. Creagh's Adm'rSupreme Court of Alabama · 1852
- Swink's Adm'r v. SnodgrassSupreme Court of Alabama · 1850
- Bell v. PharrSupreme Court of Alabama · 1845
4 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- McArthur v. Carrie's Adm'rSupreme Court of Alabama · 1858
- Wyatt's Adm'r v. RamboSupreme Court of Alabama · 1857
- Ikelheimer v. Chapman's Adm'rsSupreme Court of Alabama · 1858
- Bynum v. GoldSupreme Court of Alabama · 1894
- Keeble v. JonesSupreme Court of Alabama · 1914
21 more not listed; retrieve them via the Exa API.