Jones' Ex'rs v. Hoskins
Supreme Court of Alabama
Error to the Chancery Court of Franklin. Tried before the Hon. W. W. Mason. The bill in this case was filed by the defendant against the plaintiffs in error.
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Error to the Chancery Court of Franklin. Tried before the Hon. W. W. Mason. The bill in this case was filed by the defendant against the plaintiffs in error. The original bill alleges that on the 20th of November 1828, Mrs. Nancy Hoskins, the mother of complainant, being about to intermarry with Arthur Jones, now deceased, with his knowledge and consent, executed to the complainant a conveyance for the following slaves, Sarah, Swift, Martha, Haywood, and Maranda, and thereupon the complainant entered into an agreement, by which be re-conveyed to bis mother three of the slaves she had given to…
1Opinion of the CourtDargan, C. J.
1. It is contended that Mrs. Nancy Jones was incompetent to testify on the part of the complainant, because she was interested in sustaining his title to the slaves in controversy. If we were to admit, for the sake of argument, that her purchase from the executors and her subsequent agreement that they should retain out of the legacy, bequeathed to her by the will of Arthur Jones, her husband, an amount equal to the purchase money agreed to be given for the slaves, does make it to her interest that the title of the complainant shall pre*492vail, still, we think it beyond doubt that .such an…
2Cases cited1 opinion
- Napier v. CookSupreme Court of Alabama · 1846
3Cited by6 opinions
- Pickett v. Doe ex rel. PopeSupreme Court of Alabama · 1883
- Thrasher v. IngramSupreme Court of Alabama · 1858
- Pollak v. SearcySupreme Court of Alabama · 1887
- Humphries v. DawsonSupreme Court of Alabama · 1861
- Price v. Price's Adm'rSupreme Court of Alabama · 1853
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