Parker v. Goldsmith
Supreme Court of Alabama
Error to the Circuit Court of Chambers. Tried before the Hon. Geo. W. Stone. Trover by defendant against the plaintiff in error for the conversion of a slave. Each party claimed title through John T. Goldsmith, deceased, — the plaintiff as guardian of George M. Goldsmith, her son by said deceased, and the defendant as guardian of John T. Goldsmith, a son of the deceased by a former marriage.
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Error to the Circuit Court of Chambers. Tried before the Hon. Geo. W. Stone. Trover by defendant against the plaintiff in error for the conversion of a slave. Each party claimed title through John T. Goldsmith, deceased, — the plaintiff as guardian of George M. Goldsmith, her son by said deceased, and the defendant as guardian of John T. Goldsmith, a son of the deceased by a former marriage. In support of her'.title, the plaintiff proved the contents of a deed of gift executed by the deceased to her ward in December 1845, which the deceased delivered to his brother, but which he afterwards…
1Opinion of the CourtChilton, J.
The main question presented by this record is, whether the defendant in an action of trover is entitled to give in evidence his own declarations, made at the time a demand is made of him for the property, which declarations respect the title to the property, but by which he does not propose to show any qualified refusal to surrender it, or any excuse for not doing so. The general rule is, that an admission or declaration .is not admissible in favor of the party making it. — 7 Cow. Rep. 459; 2 Phil. Ev. 154, n. 165. This rule has several exceptions, growing out of the nature of the declara*528tions…
2Cases cited4 opinions
- St. John v. O'ConnelSupreme Court of Alabama · 1838
- Brown v. BrownSupreme Court of Alabama · 1843
- Glaze v. M'MillionSupreme Court of Alabama · 1838
- La Farge v. KneelandNew York Supreme Court · 1827
3Cited by4 opinions
- Hogsett v. EllisMichigan Supreme Court · 1868
- Folmar & Sons v. Copeland & BrantleySupreme Court of Alabama · 1877
- Humphries v. BradfordSupreme Court of Alabama · 1858
- Louisville & Nashville R. R. v. ScheinertSupreme Court of Alabama · 1908