Venable v. Thompson
Supreme Court of Alabama
Error to the Circuit Court of Lawrence. Detinue by Elbert H. Thompson, against Molly Tenable, for a female slave named Lucinda.
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Error to the Circuit Court of Lawrence. Detinue by Elbert H. Thompson, against Molly Tenable, for a female slave named Lucinda. Upon the trial, the plaintiff introduced testimony, tending to establish, that in the year 1833, the defendant claimed to have a life estate in the slave Lucinda and others, as her separate estate, or held by her husband in right of his wife, the remainder being in one Littleberry H. Jones, and also offered in evidence a bill of sale, for the slave sued for, from Larkin Tenable, her husband, to said Jones. He also offered to prove by one Thomas A. Strain, that the…
1Opinion of the CourtOrmond, J.
It does not appear from the bill of exceptions, what was the consideration, if any, expressed in the bill of sale from Tenable to Jones, and we cannot say whether the court erred or not, in the proof admitted. That such proof is admissible in many cases, see Graham v. Lockhart, 8 Ala. 24.
The objection to the testimony of the witness, Strain, is, that it contradicted the bill of sale made by him to the plaintiff, by which he assumed to sell the slave as his own, and not as the agent of Jones. There can be no doubt, that in an action by the plaintiff against Strain, upon this warranty, he would…
2Cases cited1 opinion
- Graham v. LockhartSupreme Court of Alabama · 1845
3Cited by10 opinions
- Formby v. WilliamsSupreme Court of Alabama · 1919
- Jones v. First Nat. BankSupreme Court of Alabama · 1921
- British & American Mortgage Co. v. CodySupreme Court of Alabama · 1902
- Northern Assurance Co. v. Chicago Mutual Building & Loan Ass'nIllinois Supreme Court · 1902
- Coleman v. Pike CountySupreme Court of Alabama · 1887
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