Tatum v. Manning
Supreme Court of Alabama
Error to the Circuit Court of Chambers. Trover, by Manning against Tatum and Manifee, to recover the value of a slave alledged to have been converted by him. The plaintiffs in error were made parties to'the suit, as the personal representatives of Menifee, he having died' during its progress.
Read the full summary
Error to the Circuit Court of Chambers. Trover, by Manning against Tatum and Manifee, to recover the value of a slave alledged to have been converted by him. The plaintiffs in error were made parties to'the suit, as the personal representatives of Menifee, he having died' during its progress. At the' trial, the plaintiffs gave evidence conducing to prove that the- slave was originally the property of John Spalding, who was without children, and had frequently expressed the intention to give one slave to. his 'nephew, the plaintiff. Spalding, on his death bed, called a witness, and said his…
1Opinion of the CourtGoldthwaite, J.
1. There is some conflict of decision upon the first point made in this cause ; both as to the. rule itself, and its application to particular cases. [See Cowen & Hill’s Notes, 1539.) With us, however, in McKinney v. McKinney, 2 Stewart, 17, a distributee is held incompetent, prima facie, to testify in behalf of the personal representative; yet, in that case, it is conceded, such a witness may he sworn, when it is shown affirmatively, that he has no actual interest in the estate. Without stopping to inquire whether the same rule governs the witness, when the personal representative is not a…
2Cases cited3 opinions
- Strong v. StrongSupreme Court of Alabama · 1844
- White v. MartinSupreme Court of Alabama · 1834
- M'Kinney's Executors v. M'Kinney's AdministratorsSupreme Court of Alabama · 1829
3Cited by10 opinions
- Ewing v. BlountSupreme Court of Alabama · 1852
- Loeb & Brother v. Flash Bros.Supreme Court of Alabama · 1880
- Whitfield v. WhitfieldMississippi Supreme Court · 1866
- Andrews v. AndrewsSupreme Court of Alabama · 1856
- Rose's Executors v. BozemanSupreme Court of Alabama · 1868
5 more not listed; retrieve them via the Exa API.