Upson v. Raiford
Supreme Court of Alabama
Appeal from the Circuit Court of Perry. Tried before tbe Hon. Robert Dougherty. This action was brought by Edwin Upson against Philip B. Raiford, to recover damages for the defendant’s alleged conversion of certain slaves, to-wit, a woman named Minerva, and her three children ; and was commenced in April, 1851. The plaintiff claimed the slaves by purchase from his brother, Lauren Upson, in 1845; while the defendant, as sheriff of said county, levied sundry executions on…
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Appeal from the Circuit Court of Perry. Tried before tbe Hon. Robert Dougherty. This action was brought by Edwin Upson against Philip B. Raiford, to recover damages for the defendant’s alleged conversion of certain slaves, to-wit, a woman named Minerva, and her three children ; and was commenced in April, 1851. The plaintiff claimed the slaves by purchase from his brother, Lauren Upson, in 1845; while the defendant, as sheriff of said county, levied sundry executions on them, in 1850; as the property of said Lauren Upson, — said executions being issued on judgments rendered against said…
1Opinion of the CourtW Alker, J.
It is a well-established doctrine of the law, ■that the entry by a person o.f a receipt, discharging.a demand due to'him, is, after his death, evidence of the payment, and of the person who made the payment. — Harrison v. Harrison, 9 Ala. 73 ; Cowen & Hill’s Notes to Phillipps on Evidence, 3d edition, part I, p. 258, note 193 ; also, Goodgame v. Cole, 12 Ala. 77; Dubose v. Young & McDowell, 14 Ala. 139. The evidence offered, and rejected by the court, clearly' comes within the rule. It was not irrelevant, but contributed to show a compliance, on the part of the appellant, with one of the…
2Cases cited24 opinions
- Nelson v. IversonSupreme Court of Alabama · 1853
- Nelson v. IversonSupreme Court of Alabama · 1850
- Planters' & Merchants' Bank of Mobile v. BorlandSupreme Court of Alabama · 1843
- Perry v. MarshSupreme Court of Alabama · 1854
- Dill v. CampSupreme Court of Alabama · 1853
19 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Crawford v. KirkseySupreme Court of Alabama · 1876
- Marshall v. MarshallSupreme Court of Alabama · 1888
- Roebke v. AndrewsWisconsin Supreme Court · 1870
- Mayer v. ClarkSupreme Court of Alabama · 1866
- Morris v. HallSupreme Court of Alabama · 1868
16 more not listed; retrieve them via the Exa API.