Thomas v. De Graffenreid
Supreme Court of Alabama
Appeal from tbe Circuit Court of Benton. Tried before the Hon. ANDREW B. Moore. Trial op the right op property in a slave named Jenny, and her two children, who had been levied on under execution in favor of tlio appellee against Athanasius Thomas and William Thomas, and a claim interposed by Mary Thomas, who was a daughter of said Athanasius.
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Appeal from tbe Circuit Court of Benton. Tried before the Hon. ANDREW B. Moore. Trial op the right op property in a slave named Jenny, and her two children, who had been levied on under execution in favor of tlio appellee against Athanasius Thomas and William Thomas, and a claim interposed by Mary Thomas, who was a daughter of said Athanasius. The claimant derived title to the slaves through a parol gift of Jenny’s mother, before the birth of Jenny, from said Athanasius Thomas to his son Jamos, and a subsequent purchase by claimant from said James. For the previous report of the case, which…
1Opinion of the CourtG-Oldthwaite, J.
There was no error in sustaining the objection made to the answer of the witness Todd to the sixth cross-interrogatory, for the reason, that it did not answer as to the fact inquired of, but simply gave the opinion of the witness in relation to it. So, also, as to the objection made to the answer of the same witness to the ninth cross-interrogatory. The question relates solely to the possession ; and the reply is, that the property was known to belong to the person through whom the defendant below claimed — thus assuming the real question at issue, and announcing the conclusion of herself and…
2Cases cited4 opinions
- Nelson v. IversonSupreme Court of Alabama · 1850
- Beall v. LedlowSupreme Court of Alabama · 1848
- Hanson v. JacksSupreme Court of Alabama · 1853
- Blackman v. Branch Bank at MobileSupreme Court of Alabama · 1845
3Cited by6 opinions
- Callaway & Truitt v. GaySupreme Court of Alabama · 1904
- Pool v. DeversSupreme Court of Alabama · 1857
- Saltmarsh v. Bower & Co.Supreme Court of Alabama · 1859
- Phillips v. StateAlabama Court of Appeals · 1912
- Bradford v. ButtramSupreme Court of Alabama · 1921
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