Spiers v. Willison
Supreme Court of the United States
Error to the District Court for the district of Kentucky, in an action of detinue for certain slaves. The plaintiff below, Rebecca Willison, claimed title to the slaves, under her grandmother, and at the trial, offered parol proof, that the grandmother, while Kentucky was a part of Virginia, had given them to her, by a deed, which was lost.
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Error to the District Court for the district of Kentucky, in an action of detinue for certain slaves. The plaintiff below, Rebecca Willison, claimed title to the slaves, under her grandmother, and at the trial, offered parol proof, that the grandmother, while Kentucky was a part of Virginia, had given them to her, by a deed, which was lost. To this testimony the defendant below (the plaintiff in error) objected, and prayed the court to instruct the jury, that the said deposition was not legal evidence in this cause ; and that, at the time this gift was supposed to be made, no gift of a slave…
1Opinion of the Court
Marshall, Ch. J.
The error assigned consists in both the admission and the operation of the testimony. So far as evidence of the existence of a deed went to show the nature of the possession which accompanied the deed, so far it was admissible ; but it was not, in itself, evidence of any title in the plaintiff. There was no error, therefore, in admitting the testimony as to the deed.
But in overruling the prayer to instruct the jury, “ that at the time the gift was said to be made, no gift of a slave was valid, unless made in writing, which writing was afterwards reduced to record,” the court…
2Cited by11 opinions
- In Re StephensonIllinois Supreme Court · 1977
- Graham v. LockhartSupreme Court of Alabama · 1845
- East v. PaceSupreme Court of Alabama · 1877
- Hogan & Co. v. ReynoldsSupreme Court of Alabama · 1845
- Sims v. JonesSupreme Court of South Carolina · 1895
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