Thomas v. Wallace
Supreme Court of Alabama
Writ of Error to the Circuit Court of Dallas county. Action of detinue by Wallace, against Thomas, to recover a slave. Pleas, non dstinct and the statute of limitations. . The suit was tried at the Fall term, 1842, when a verdict was found and judgment given for the plaintiff.
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Writ of Error to the Circuit Court of Dallas county. Action of detinue by Wallace, against Thomas, to recover a slave. Pleas, non dstinct and the statute of limitations. . The suit was tried at the Fall term, 1842, when a verdict was found and judgment given for the plaintiff. At the trial, the plaintiff offered a deed in evidence, made in October, 1825, by William Wallace, convoying the slave in controversy, as well as others, and also a tract of land to the plaintiff, upon a consideration, and upon gertain trusts which will be stated hereafter. This deed purported to be witnessed by Joseph…
1Opinion of the CourtGoldth.waite, J.
1. We think the proof of the execution of the deed was entirely sufficient to authorise its admission as evidence. It has been often held, that one subscribing witness is sufficient to prove the instrument attested, though there are several. [3 Phil. Ev. 1262 ; 3 C. & H’s notes.] The absence of *275the subscribing witness beyond the process or jurisdiction of the court, is sufficient to let in inferior evidence. [Id. 1294.] And in such case it seems that proof of the hand-writing of the witness, without any further evidence, will suffice in the first instance, to-allow the instrument to be read…
2Cases cited6 opinions
- Sewall v. GliddenSupreme Court of Alabama · 1840
- M'Cutchen's Adm'rs v. M'CutchenSupreme Court of Alabama · 1839
- Withers v. SmithCourt of Appeals of Kentucky · 1815
- Strode v. ChurchillCourt of Appeals of Kentucky · 1822
- Chiles v. Bernard's ExecutorsCourt of Appeals of Kentucky · 1835
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Foote v. CobbSupreme Court of Alabama · 1851
- Bright v. YoungSupreme Court of Alabama · 1848
- Gill v. TittleSupreme Court of Alabama · 1848