Legal Opinion

Carroll v. Pathkiller

Supreme Court of Alabama

Decided January 15, 1836PublishedCited by 2 opinions

QUESTIONS IN THIS CASE. Whether a cleric, after certifying a record, can prove it incomplete. The competency of an administrator to carry into effect a will, found after letters granted. As to the construction of the act of 1823, on the sub jectof the testimony of Indians, &c. Proof of the interest of a witness in the event of a ■ suit. Proof of ‘a will by an Indian, as between Indians. As to forcible acts in detinue; can they effect title? 'Damages in the action of detinue.

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QUESTIONS IN THIS CASE. Whether a cleric, after certifying a record, can prove it incomplete. The competency of an administrator to carry into effect a will, found after letters granted. As to the construction of the act of 1823, on the sub jectof the testimony of Indians, &c. Proof of the interest of a witness in the event of a ■ suit. Proof of ‘a will by an Indian, as between Indians. As to forcible acts in detinue; can they effect title? 'Damages in the action of detinue. This action was detinue, in St. Clair Circuit Court, and was brought by the defendant in error, a Cherokee Indian,-for…

1Opinion of the CourtHopkins, J.

This was an action of detinue for a slave, in which the defendant in error, who is a Cherokee Indian, was the plaintiff. The plea of the defendant, who is a white man, was the' general issue, with leave, given by an agreement between the parties, to offer any matter as evidence, which would constitute a good special plea in bar. The verdict was in favor of the plaintiff in the action, and a pro-* per judgment was rendered upon it.

The plaintiff claimed the slave, as a bequest, made to her, in the will of her mother, who was also a Cherokee Indian. A part of the proof offered by her, and which…

2Cited by2 opinions

  1. Fralick v. PresleySupreme Court of Alabama · 1856
  2. Watts v. CleggSupreme Court of Alabama · 1872

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