Frisbie v. McCarty
Supreme Court of Alabama
This action was detinue in Washington Circuit Court, to recover a slave. Under the pleas of the general issue, and the statute of limitations, there was a verdict for the defendant.
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This action was detinue in Washington Circuit Court, to recover a slave. Under the pleas of the general issue, and the statute of limitations, there was a verdict for the defendant. The bill of exceptions sealed in the cause, showed the following facts, In the year 181-2, Thomas White, the father of Sally D. White, now Sally D. Frisbie, made his deed of gift, in. which he gave to said Sally, the slave, the subject of the action — that at the time the said deed was executed, McCarty, the defendant, was present and witnessed the same — that White -said to the witnesses, in the presence of his…
1Opinion of the CourtCrenshaw, J.
The question in this case is, whether the charge of the presiding judge to the jury, can be sustained by the law and the evidence ?
The substance of so much of the testimony, to which I deem it essential to refer, is, that Thomas White, the father of Mrs. Frisbie, when she was ten or twelve years of age. by deed of gift, gave her the slave, which is the subject of the actiou — that other slaves were included in the deed given to his other children — that at the time of signing the deed, and in the presence of the slaves and of the children, White said to the witnesses, (of which the defendant…
2Cases cited3 opinions
- Pennock v. DialogueSupreme Court of the United States · 1829
- Verplank v. SterryCourt for the Trial of Impeachments and Correction of Errors · 1815
- M'Call v. M'CallSupreme Court of Connecticut · 1809
3Cited by5 opinions
- Griswold v. GriswoldSupreme Court of Alabama · 1906
- Sulzby v. PalmerSupreme Court of Alabama · 1916
- Gulf Coal & Coke Co. v. Alabama Coal & Coke Co.Supreme Court of Alabama · 1906
- Adams v. LoganSupreme Court of Alabama · 1954
- Seeley v. CurtsSupreme Court of Alabama · 1913