Wyatt's Adm'r v. Steele
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before the Hon. John Gill Shorter. DetiNue for a slave named Jeff, by Thomas M. Williams, administrator da bonis non of Peter Wyatt, deceased, against David A. Steele ; pleas, non detinet, and the statute of limitations of six years.
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Appeal from the Circuit Court of Lowndes. Tried before the Hon. John Gill Shorter. DetiNue for a slave named Jeff, by Thomas M. Williams, administrator da bonis non of Peter Wyatt, deceased, against David A. Steele ; pleas, non detinet, and the statute of limitations of six years. On the first trial, the plaintiff had judgment in his favor ; but the judgment was reversed on error, and the cause remanded for another trial. — See 23 Ala. 764. The bill of exceptions in the present record shows these facts: The plaintiff proved that the slave sued for was the property of the said Peter Wyatt,…
1Opinion of the CourtOhilton, C. J.
-1. A portion of the testimony of the witness Mc-aling, we should be inclined to reject as illegal; while other portions of it, tending to show efforts on the part of the administrators to procure bidders, and to give publicity to the sale, were entirely proker. But it was objected to as a whole-that is, two portions of it were embraced in separate objections going to each as a whole; and as each contains some legal proof, the court properly overruled the motions to exclude, since it was not authorized to reject that which was proper, nor bound to sift the evidence so as to separate it from…
2Cases cited2 opinions
- Lay's v. Lawson's Adm'rSupreme Court of Alabama · 1853
- Steele v. Wyatt's Adm'rSupreme Court of Alabama · 1853
3Cited by12 opinions
- Evansville Ice & Cold Storage Co. v. WinsorIndiana Supreme Court · 1897
- Ewing v. MallisonSupreme Court of Kansas · 1902
- Goodman v. WalkerSupreme Court of Alabama · 1857
- Wyatt's Adm'r v. RamboSupreme Court of Alabama · 1857
- Ikelheimer v. Chapman's Adm'rsSupreme Court of Alabama · 1858
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