Thompson v. Mawhinney
Supreme Court of Alabama
Error to the Circuit Coprt of Sumter. Tried before the Hon. George Goldthwaite. This was an action of trover instituted by the defendants against the plaintiff in error to recover the value of fourteen bales of cotton, which he as sheriff of Sumter had levied on and sold by virtue of an attachment against Samuel H, Weir, in favor of one Duke.
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Error to the Circuit Coprt of Sumter. Tried before the Hon. George Goldthwaite. This was an action of trover instituted by the defendants against the plaintiff in error to recover the value of fourteen bales of cotton, which he as sheriff of Sumter had levied on and sold by virtue of an attachment against Samuel H, Weir, in favor of one Duke. The plaintiffs below introduced evidence tending to show that in 1845 they and the said Weir entered into a contract by which it was agreed that said Weir should furnish land to be cultivated in corn and cotton by his two minor sons and the plaintiffs;…
1Opinion of the CourtDargan, C. J.
The first question presented for our consideration is, whether the declarations of one of the plaintiffs, in reference to the contract between them and Weir, should have been admitted as evidence? They were made after the contract had been completed, but whilst the plaintiffs were in possession of the land, and tended to show that the title and control of the cotton that should be raised was exclusively theirs; that Weir was not to hold or have any control over it, but was to receive one half the proceeds when it was sold. Where the declarations of a party are offered as evidence in his…
2Cited by28 opinions
- McGuire v. Van PeltSupreme Court of Alabama · 1876
- Hogsett v. EllisMichigan Supreme Court · 1868
- Smyth v. TankersleySupreme Court of Alabama · 1852
- Louisville, New Albany & Chicago Railway Co. v. HartIndiana Supreme Court · 1889
- Roebke v. AndrewsWisconsin Supreme Court · 1870
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