Legal Opinion

Berry v. Hardman

Supreme Court of Alabama

Decided June 15, 1847PublishedCited by 4 opinions

Writ of Error to the Circuit Court of Barbour. An attachment was sued out by the plaintiff in error, returnable to, the circuit court, and levied by the sheriff’ on a female slave named Elva, and her child Jane, as the property of Cullen Cross, the defendant therein. The defendant in ■error interposed a cl aim to these slaves pursuant to the statute, .■as the trustee of Sarah and Nancy Smith, and gave bond with surety to try the right.

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Writ of Error to the Circuit Court of Barbour. An attachment was sued out by the plaintiff in error, returnable to, the circuit court, and levied by the sheriff’ on a female slave named Elva, and her child Jane, as the property of Cullen Cross, the defendant therein. The defendant in ■error interposed a cl aim to these slaves pursuant to the statute, .■as the trustee of Sarah and Nancy Smith, and gave bond with surety to try the right. An issue being made up and .submitted to a jury, a verdict was returned for the claimant, finding the property not subject to the attachment, and judgment was…

1Opinion of the CourtCollier, C. J.

In McBride and wife, et al. v. Thompson, 8 Ala. R. 650, we said, “ the affirmation of the party in possession, that he held in his own right, or under another, is proper evidence as part of the res gestae,” where the res gestae was “ his continuous possession; but his declarations beyond this, are no part of the subject matter, or thing done, and cannot be received as such. While it is allowable to prove the statements of one in possession and explanatory thereof, it is not permissible to show every thing that may have been said by him in respect to the title ; as that it was acquired bona…

2Cited by4 opinions

  1. Hooper v. EdwardsSupreme Court of Alabama · 1850
  2. Degraffenreid v. ThomasSupreme Court of Alabama · 1848
  3. Hale v. StoneSupreme Court of Alabama · 1848
  4. Hooper v. EdwardsSupreme Court of Alabama · 1854

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