Legal Opinion

Stewart v. Spedden

Court of Appeals of Maryland

Decided December 15, 1853PublishedCited by 11 opinions

Appeal from the Circuit Court of Dorchester county. Trover by the appellant against the appellee, to recover the value of negro slave Rose and her two children, alleged to belong to the estate of Sarah Seward, deceased. The pleadings are the same as those in the case of Stewart vs. Redditt, 3 Md. Rep., 67. In the course of the trial eleven exceptions were taken by the plaintiff. 1st Exception.

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Appeal from the Circuit Court of Dorchester county. Trover by the appellant against the appellee, to recover the value of negro slave Rose and her two children, alleged to belong to the estate of Sarah Seward, deceased. The pleadings are the same as those in the case of Stewart vs. Redditt, 3 Md. Rep., 67. In the course of the trial eleven exceptions were taken by the plaintiff. 1st Exception. The plaintiff proved by a competent wimess that he knew the negroes in dispute; that they were in possession of the defendant, and are the descendants of Phillis; and that Phillis belonged to Sarah…

1Opinion of the CourtTuck, J.

This is an action of trover instituted by the appellant against the appellee to recover the value of certain negroes, as the-estate of Sarah Seward. At the trial the plaintiff proposed to ask a witness, “if he had ever heard the title of Sarah Seward disputed,” which question being objected to- by the defendant, was disallowed by the court. The correctness of this ruling is presented by the first exception. We can have no doubt that sueh general hearsay testimony was properly rejected, according to the most familiar rules of evidence.

The facts stated in the second exception, on which the…

2Cases cited6 opinions

  1. Townshend v. TownshendCourt of Appeals of Maryland · 1848
  2. Budd v. BrookeCourt of Appeals of Maryland · 1845
  3. Stewart v. ReddittCourt of Appeals of Maryland · 1852
  4. Key's Lessee v. DavisCourt of Appeals of Maryland · 1851
  5. Mudd v. HarperCourt of Appeals of Maryland · 1851

1 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. State v. PikeSupreme Court of New Hampshire · 1870
  2. Durst v. DurstCourt of Appeals of Maryland · 1961
  3. Smoot v. SomervilleCourt of Appeals of Maryland · 1882
  4. Maurice v. WordenCourt of Appeals of Maryland · 1879
  5. Warner v. HardyCourt of Appeals of Maryland · 1854

6 more not listed; retrieve them via the Exa API.

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