Feagin v. Pearson
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour county. Tried before ITon. H. D. Clayton. This was an action of detinue to recover a slave, brought by the appellee against the appellant, and was commenced on the 11th day of April, 1862. At the spring term 1867, the defendant pleaded, amongst others, the following pleas : 1st. For further answer to plaintiffs cause of action, defendant pleads non-detinet. 2d.
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Appeal from the Circuit Court of Barbour county. Tried before ITon. H. D. Clayton. This was an action of detinue to recover a slave, brought by the appellee against the appellant, and was commenced on the 11th day of April, 1862. At the spring term 1867, the defendant pleaded, amongst others, the following pleas : 1st. For further answer to plaintiffs cause of action, defendant pleads non-detinet. 2d. For further answer to plaintiff’s cause of action, defendant pleads the destruction of the' property, or slave sued for, as property, puis darrein continuance. As the bill of exceptions states,…
1Opinion of the CourtByrd, J.
The proof of the loss of the mortgage was sufficient to authorize secondary evidence of its contents. Poe v. Dorrah, 20 Ala. 288 ; ib. 485; Johnson v. Powell, 30 Ala. 113.
We can not see why the court “refused to admit the proof of the contents of the mortgage, by the transcript,” when there seems to have been no objection on the part of appellant, and yet, permitted the contents to be proven by parol. But the bill of exceptions shows that the witnesses proved that the contents of the original were the same as the transcript, and that it was agreed by the parties that it should be received as…
2Cases cited3 opinions
- Lay's v. Lawson's Adm'rSupreme Court of Alabama · 1853
- Poe v. DorrahSupreme Court of Alabama · 1852
- Johnson v. PowellSupreme Court of Alabama · 1857
3Cited by3 opinions
- Etowah Mining Co. v. Doe ex dem. CarlisleSupreme Court of Alabama · 1900
- Pollard v. HanrickSupreme Court of Alabama · 1883
- Torbert v. McFarlandSupreme Court of Alabama · 1911