Coleman v. State
Supreme Court of Alabama
From the Circuit Court of Jefferson. Tried before the Hon. S. II. Sprott. The indictment in this case charged that the defendant, Jake Coleman, “ with the purpose to hinder, delay or defraud N. N. Clements, who had a lawful and valid claim thereto, under a written instrument, lien created by law for rent or advances, or other lawful and valid claim, verbal or written, did sell or remove personal property, consisting of one yoke of oxen and one wagon, of the value of over $25…
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From the Circuit Court of Jefferson. Tried before the Hon. S. II. Sprott. The indictment in this case charged that the defendant, Jake Coleman, “ with the purpose to hinder, delay or defraud N. N. Clements, who had a lawful and valid claim thereto, under a written instrument, lien created by law for rent or advances, or other lawful and valid claim, verbal or written, did sell or remove personal property, consisting of one yoke of oxen and one wagon, of the value of over $25 ; the said defendant having at the time knowledge of the existence of such claim.” On the trial, as the bill of…
1Opinion of the Court
SOMERYILLE, J.'
The admission of the mortgage in evidence was error. It purported to be attested by two subscribing witnesses, and its execution should have been proved by at least one of these witnesses, or else the witnesses should ail have been shown to be dead, insane, out of the jurisdiction of the court, or that they could not be found after diligent inquiry ; or the case should otherwise have been brought within some established exception to the rule, in either of which contingencies the instrument could be proved by other evidence. And the admission of the grantor in the mortgage, not…
2Cited by8 opinions
- Seibold v. RogersSupreme Court of Alabama · 1895
- Brooks v. CookSupreme Court of Alabama · 1904
- Cox v. StateAlabama Court of Appeals · 1932
- Donovan v. St. Anthony & Dakota Elevator Co.North Dakota Supreme Court · 1899
- Croft v. Doe ex dem. ThorntonSupreme Court of Alabama · 1899
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