Mims v. Sturdevant
Supreme Court of Alabama
Error to the Court of Probate of Monroe. The defendants in error suggested to the court below that the executors of Britton Mims, deceased, had failed to charge themselves in their inventory with a certain negro, named John, the property of said estate.
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Error to the Court of Probate of Monroe. The defendants in error suggested to the court below that the executors of Britton Mims, deceased, had failed to charge themselves in their inventory with a certain negro, named John, the property of said estate. Stanford Mims, the plaintiff in error, who was one of said executors, claimed said negro as his own property ; and thereupon an issue was formed between the parties to try this question, which was decided by the court without the intervention of a jury, without objection from either party so far as the record discloses. On the trial of this…
1Opinion of the CourtGibbons, J.
-Tho sole question presented for our determination is, whether the court below erred in the admission of the testimony to which exception was taken, and tho ruling of the court upon which is hero assigned for error.
When this ease was here at a former term, the testimony then *666excepted to was as follows : u Thomas II. Brown, being offered as a witness, testified that, whilst the testator was in the possession of the slave, he stated to the witness that he had sent eight hundred dollars by Stanford Mims to purchase the slave, and that he had bought him for six hundred and five dollars.” The…
2Cases cited6 opinions
- McBride v. ThompsonSupreme Court of Alabama · 1845
- Dave v. StateSupreme Court of Alabama · 1853
- Thompson v. MawhinneySupreme Court of Alabama · 1850
- Barnes v. Mayor of MobileSupreme Court of Alabama · 1851
- Cox v. EasleySupreme Court of Alabama · 1847
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- First National Bank v. ChaffinSupreme Court of Alabama · 1897
- Bonner v. StateSupreme Court of Alabama · 1876
- Mims v. SturdevantSupreme Court of Alabama · 1860
- Griffin v. WallSupreme Court of Alabama · 1858
- Taylor v. LuskSupreme Court of Iowa · 1859
7 more not listed; retrieve them via the Exa API.