George v. English
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before the Hon. Bobeet Dou&heety. The complaint in this case was in these words : “James George, and Matilda > The plaintifFs claim of M. George, admr’x, and Ashley 1 the defendant the follow-~W. Spaiglit, adm’r, (ing slaves, to-wit, Patty, vs. I George, Sam, Nathan, Bobert J. English. /David, Jane, Curtis, Maria, Albert, and Lilly; also, one mule, called Nelly; with the value of the hire or use thereof.
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Appeal from the Circuit Court of Dallas. Tried before the Hon. Bobeet Dou&heety. The complaint in this case was in these words : “James George, and Matilda > The plaintifFs claim of M. George, admr’x, and Ashley 1 the defendant the follow-~W. Spaiglit, adm’r, (ing slaves, to-wit, Patty, vs. I George, Sam, Nathan, Bobert J. English. /David, Jane, Curtis, Maria, Albert, and Lilly; also, one mule, called Nelly; with the value of the hire or use thereof. And plaintiffs aver, that the hire of said slaves, or the use thereof, from the 1st day of March, 1856, is reasonably worth $>1,000 per annum.”…
1Opinion of the CourtWalker, J.
The court charged the jury, that if they believed the evidence, they must find for the defend*585ant. This charge was undoubtedly correct. If upon the evidence the plaintiffs had any right of recovery, it was in their capacity of representatives of the estate of Letitia Ann McNair, deceased. If they have a right to the property, it pertains to them in their representative capacity. This point is plain, and is not disputed on either side. The complaint was by the plaintiffs in their individual, and not in their representative capacities; and is predicated upon their individual title, and not upon…
2Cases cited7 opinions
- Crimm's Adm'rs v. CrawfordSupreme Court of Alabama · 1857
- Gibson v. LandSupreme Court of Alabama · 1855
- Agee v. WilliamsSupreme Court of Alabama · 1855
- Tate v. Shackelford's Adm'rSupreme Court of Alabama · 1854
- Arrington v. HairSupreme Court of Alabama · 1851
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- Buchanan v. StateSupreme Court of Alabama · 1876
- Douglas v. BeasleySupreme Court of Alabama · 1866
- Williams v. MooreSupreme Court of Alabama · 1858