Sims v. Adm'r of Sims
Supreme Court of Alabama
Error to the Circuit court of Dallas county., Detinue for slaves, tried by Harris, J. The action was detinue, brought by the plaintiff in this court.
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Error to the Circuit court of Dallas county., Detinue for slaves, tried by Harris, J. The action was detinue, brought by the plaintiff in this court. On the trial, in the court below, a bill of exceptions was tendered to the opinion of the court, from which it appeareri-that it was in evidence before the jury, that B. Sims, the father-of the plaintiff, at a public sale, at his house, in-the presence of several persons, called the negro girl, Rachel, (now in dispute,) and the plaintiff, before him, in the yard, and called on the persons present, to witness that he gave said negro to the…
1Opinion of the Court
ORMOND, I.
— It is desirable, that in all cases presented to this court for revision, the points intended to be raised, should be distinctly presented on the record, so as to. leave no room for doubt or misconstruction. In this case, although the point is not presented so clearly *451as is desirable, yet we tliiak from the context, we can arrive at it with reasonable certainty.
The charge of the court must be considered in connection with the evidence, and thus consclered, there can be no doubt that the jury were misled by it.
It is certain that delivery of possession is an essential ingredient in a…
2Cited by10 opinions
- Partridge v. ForsythSupreme Court of Alabama · 1856
- Dill v. CampSupreme Court of Alabama · 1853
- Sims v. SimsSupreme Court of Alabama · 1841
- Ivey's Adm'r v. OwensSupreme Court of Alabama · 1856
- Bates v. VarySupreme Court of Alabama · 1867
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