Norris v. Bradford
Supreme Court of Alabama
Wkxt of error to the Circuit Court of Talladega county. Trover, for the valué of a negro slave. At the trial, a witness, who was the son of the plaintiff, testified that the slave was loaned to him by his father, as a nurse.
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Wkxt of error to the Circuit Court of Talladega county. Trover, for the valué of a negro slave. At the trial, a witness, who was the son of the plaintiff, testified that the slave was loaned to him by his father, as a nurse. The witness had possession of the slave for several years previous to his removal from South Carolina, where he formerly resided, to this State — this possession was not uninterrupted, but, during that period, the slave was frequently in possession of the plaintiff, on a visit. The witness removed his family to this Stale in the spring or summer of 1838, without the…
1Opinion of the CourtGoldthw.aite, J.
1. We think.the instruction of the Circuit Court to the jury placed this case on a defective principle, and therefore the judgment cannot be sustained, although it is very possible the verdict would have been the same if the proper charge had been given.
The charge assumes that the mere possession of the slave, if it induced a credit to be given to its possessor, is sufficient to subject it to his debts. All bailments would be exceedingly hazardous if such were the law, because there is no class of them which affords any certain means by which a stranger can ascertain in whom the right of…
2Cases cited1 opinion
- Shacklett v. KershnerCourt of Appeals of Kentucky · 1822
3Cited by2 opinions
- Cole v. VarnerSupreme Court of Alabama · 1857
- Caldwell v. Pickens' Adm'rSupreme Court of Alabama · 1864