McGehee v. Mahone
Supreme Court of Alabama
Appeal from the Circuit-'Corará of Butler.. Tried before the Hon. Nat. Cook. This action was brought- by Thoinas-Mahon®,, against Augustas McGehee,-to recover several slaves,-together with damages for their detention.. If appeared from.- the evidence on the trial, that the slaves hadrance belonged to the plaintiff, and had been either given or loaned by him to bis daughter, who married the. defendant in.
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Appeal from the Circuit-'Corará of Butler.. Tried before the Hon. Nat. Cook. This action was brought- by Thoinas-Mahon®,, against Augustas McGehee,-to recover several slaves,-together with damages for their detention.. If appeared from.- the evidence on the trial, that the slaves hadrance belonged to the plaintiff, and had been either given or loaned by him to bis daughter, who married the. defendant in. April, 1856, and died about one year afterwards, leaving.an infant child, who also died before the commencement of the suit. The defendant’s evidence conduced to show,' that the plaintiff…
1Opinion of the CourtA. J. Walker, C. J.
A party cannot-counteract admissions, proved to have been made by him, by evidence of posterior declarations, made on a different occasion. — Pearsell v. McCartney, 28 Ala. 110, 126; Roberts v. Trawick, *26322 ib. 490-494; Lee v. Hamilton, 3 ib. 529. The declarations, the exclusion of which is the subject of the second exception, manifestly fall within this rule, and were properly held inadmissible.
Rut it is claimed that the act, for the rejection of the proof of which the defendant made the first exception named in the bill of exceptions, must be excluded from the operation of that rule. The…
2Cases cited4 opinions
- Pearsall v. McCartneySupreme Court of Alabama · 1856
- Shields v. HenrySupreme Court of Alabama · 1857
- Scott v. Coxe's Adm'rsSupreme Court of Alabama · 1852
- Humphries v. BradfordSupreme Court of Alabama · 1858
3Cited by3 opinions
- Birmingham Amusement Co. v. NorrisSupreme Court of Alabama · 1927
- Lomb v. Pioneer Saving's & Loan Co.Supreme Court of Alabama · 1894
- Walker v. GunnelsSupreme Court of Alabama · 1914