Oden v. Stubblefield
Supreme Court of Alabama
Writ of Error to the Circuit Court of Talladega. This was an action of definite' by' the' defedant in error against the plaintiff, for the recovery of a negro woman named Sally, and her three children. The cause was tried on the general issue.
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Writ of Error to the Circuit Court of Talladega. This was an action of definite' by' the' defedant in error against the plaintiff, for the recovery of a negro woman named Sally, and her three children. The cause was tried on the general issue. On the trial a bill of exceptions was sealed by the presiding Judge, at the instance-of the defendant below, from which it appears that the' plaintiff gave the negro Woman in' question, with the oldest' child, and her future increase, (which-are the two-younger'children,) to his son, William- T. Stubblefield, reserving to himself their possession during…
1Opinion of the CourtCollier, C. J.
— The first objection fo thé évidéric'é is wéll taken. It appears that the plaintiff was allowed to prove that the deed from himself to his son, had been spoken-of in- defendant’s family, and before his wife, as a circumstance- from whieh the-jury might infer that the defendant had “ the same' chance of information.” The testimony was entirely irrelevant and well calculated to mislead. If the defendant had-been- informed, previous to his purchase of Writ. T. Stubble-field:, of the reservation in the- deed of the plaintiff, if could have had no influence- upon his title, if the possession of…
2Cases cited1 opinion
- Bliss v. WinstonSupreme Court of Alabama · 1840
3Cited by16 opinions
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- Upson v. RaifordSupreme Court of Alabama · 1856
- Stone v. BirdSupreme Court of Kansas · 1876
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