Pruit v. Lowry
Supreme Court of Alabama
Error from Madison Circuit Court — Before tbe Hon. John White. This was trespass, in the Court below, against Pruit and Martin by Lowry, for forcibly taking a negro slave. On the plea of not'guilty and issue, there was verdict and judgment' for the plaintiff. In the trial of this cause the plaintiff produced in evidence a bill of sale from one Cottrell to Townsend for sundry negroes, including the one in question.
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Error from Madison Circuit Court — Before tbe Hon. John White. This was trespass, in the Court below, against Pruit and Martin by Lowry, for forcibly taking a negro slave. On the plea of not'guilty and issue, there was verdict and judgment' for the plaintiff. In the trial of this cause the plaintiff produced in evidence a bill of sale from one Cottrell to Townsend for sundry negroes, including the one in question. In order to explain circumstances connected with the consideration between Cottrell and Townsend, the plaintiff Lowry produced~Cottrell as a witness. His competency wcs objected to…
1Opinion of the Court
By Mr. Justice Thornton :
This was an action of trespass, brought by the defendant in error, Lowry, (who was a purchaser from one Townsend, who held by bill of sale from Cottrell,) against the plaintiffs in error, for forcibly taking a negro from the possession of Lowry.
The first error assigned, is the admission of Cottrell to testify in said cause, who was introduced by the plaintiff below. The witness was objected to on the ground of incompetency ; and the relation in which he stood to the parties was, (as was made to appear to the Court) as vendor of the negro to said Townsend, who sold to…
2Cited by6 opinions
- Thompson v. StateSupreme Court of Alabama · 1880
- Sawyer v. WareSupreme Court of Alabama · 1860
- Waldrop v. PearsonSupreme Court of Alabama · 1868
- Stewart v. FowlerSupreme Court of Alabama · 1842
- Dearing v. WindhamSupreme Court of Alabama · 1847
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