Drake v. Glover
Supreme Court of Alabama
Appeal from tbe Circuit Court of Balias. Tried before tlie Hon. Robert Bougherty. This action was brought by Benjamin Glover, against Mrs. Mary L. Brake and her husband, Reuben Brake, to recover damages for tbe conversion, of a slave named Oarvis, whicli Mrs. Drake claimed as a part of her separate estate, while the plaintiff claimed under a purchase at execution sale against one Andrew J. Campbell, who derived title through a purchase from Thomas G. Rainer, as trastee of…
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Appeal from tbe Circuit Court of Balias. Tried before tlie Hon. Robert Bougherty. This action was brought by Benjamin Glover, against Mrs. Mary L. Brake and her husband, Reuben Brake, to recover damages for tbe conversion, of a slave named Oarvis, whicli Mrs. Drake claimed as a part of her separate estate, while the plaintiff claimed under a purchase at execution sale against one Andrew J. Campbell, who derived title through a purchase from Thomas G. Rainer, as trastee of Mrs. Drake. Mrs. Drake, who held a separate estate in her distributive share of her father’s estate under the law's of…
1Opinion of the CourtWalker, J.
The established doctrine now is, that no State court takes judicial notice of the statute laws of a sister State. They must be proved as facts ; and this court can no more look outside’ of the bill of exceptions, to ascertain -what the statute laws of another State are, than it would to ascertain any otjier facts. — Story on Conflict of Laws, 527, § 637; Barnes v. Mobley, 21 Ala. 232; Inge v. Murphy, 10 Ala. 885; Richardson v. Williams, 2 Porter, 249. The sections of the Code of Louisiana, referred to in the bill of exceptions, aro*not set out; and we cannot look into the Code of Louisiana,…
2Cases cited7 opinions
- The Bank of the United States v. Elizabeth LeeSupreme Court of the United States · 1839
- Inge v. MurphySupreme Court of Alabama · 1846
- Gerald v. McKenzieSupreme Court of Alabama · 1855
- Barnes v. MobleySupreme Court of Alabama · 1852
- Hardy v. BoazSupreme Court of Alabama · 1856
2 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Lindsay v. CooperSupreme Court of Alabama · 1891
- Peet & Co. v. HatcherSupreme Court of Alabama · 1895
- Cubbedge, Hazlehurst & Co. v. NapierSupreme Court of Alabama · 1878
- Rannells v. GernerSupreme Court of Missouri · 1883
- Castleman v. JeffriesSupreme Court of Alabama · 1877
22 more not listed; retrieve them via the Exa API.