McCravey v. Remson
Supreme Court of Alabama
EeuoR to the Circuit Court of Talladega. Tried before the Hon. John J. Woodward. This was an action of detinue instituted by the plaintiff in ■ error, as executor of Kinchen Carr-, deceased, against Remson, for the recovery of a negro girl named Lucinda. The plaintiff .produced a certified copy of the last will and testament of said Carr, which was duly admitted to probate in Habersham county, ■Georgia.
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EeuoR to the Circuit Court of Talladega. Tried before the Hon. John J. Woodward. This was an action of detinue instituted by the plaintiff in ■ error, as executor of Kinchen Carr-, deceased, against Remson, for the recovery of a negro girl named Lucinda. The plaintiff .produced a certified copy of the last will and testament of said Carr, which was duly admitted to probate in Habersham county, ■Georgia. By said will, said testator bequeathed said negro to Joel Hunt, in trust for his wife Catharine, who was testator’s daughter, during her natural life, and after her death to the heirs of her…
1Opinion of the CourtParsons, J.
The record of the suit in Chancery, in Georgia, was offered as evidence of the insolvency of the estate of plaintiff’s testator, and to show the number, value, &c. of tlio .slaves charged to the plaintiff as executor. The insolvency of the estate is clearly shown by the transcript, and it is competent evidence of this fact; but we cannot see the relevancy or materiality of this fact, in this suit, for the plaintiff’s rights are the same, -whether the estate is solvent or insolvent. Hence the plaintiff was not injured by the exclusion of the transcript when offered for this purpose.
If the…
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