Winter v. State
Supreme Court of Alabama
Error to the Circuit Court of Eayette. Tried before the Hon. Wm. R. Smith. The declarations of a party in possession are competnet to show in what way he holds said property, and as against his interest are conclusive. The evidence here shown, in an action for tbe freedom of tbe boys against intestate, would clearly establish tbeir freedom.
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Error to the Circuit Court of Eayette. Tried before the Hon. Wm. R. Smith. The declarations of a party in possession are competnet to show in what way he holds said property, and as against his interest are conclusive. The evidence here shown, in an action for tbe freedom of tbe boys against intestate, would clearly establish tbeir freedom. Tbe prosecution stands precisely in tbe same attitude as intestate would. 4 A. R., 40; 8 ib., 658; P. Ev., 592 to 601. Tbe fact that Jones carried one of tbe boys to a free State was conclusive as to tbe freedom of bim, and tbe court should so have…
1Opinion of the CourtLigon, J.
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The plaintiffs in error were indicted in the Circuit Court of Marion for feloniously aiding two slaves, Henry and George, to escape from their master’s service. The State proved that Henry and George were mulattoes, that they had lived with one Jones for several years, when Jones died, and the prosecutor, Ship, became his administrator, but did hot include in his inventory the boys Henry and George. The plaintiffs in error then introduced proof of facts, tending strongly to show that Henry and George were not slaves, but free persons of coloi\ On this proof the court charged the jury, among…
2Cited by4 opinions
- Miles v. United StatesSupreme Court of the United States · 1881
- Clemons v. StateSupreme Court of Alabama · 1910
- Lester v. StateSupreme Court of Alabama · 1960
- Elmore v. StateSupreme Court of Alabama · 1890