Foote v. Cobb
Supreme Court of Alabama
Error to the Circuit Court of Benton. Tried before the Hon. Thos. A. Walker. This was an action of detinue, instituted by the plaintiffs against the defendant in error, to recover certain slaves. The plaintiffs claimed the slaves in controversy under a deed of gift executed in the State of Georgia, on the 14th March 1S25, by one John C. Hooper to Amanda Greenwood, now Amanda Foote, one of the plaintiffs.
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Error to the Circuit Court of Benton. Tried before the Hon. Thos. A. Walker. This was an action of detinue, instituted by the plaintiffs against the defendant in error, to recover certain slaves. The plaintiffs claimed the slaves in controversy under a deed of gift executed in the State of Georgia, on the 14th March 1S25, by one John C. Hooper to Amanda Greenwood, now Amanda Foote, one of the plaintiffs. The defendant, on proof of the handwriting of the subscribing witness, and that he resided in the State of Georgia, offered in evidence a bill of sale executed to him on the 18th Nov. 1831,…
1Opinion of the CourtChilton, J.
1. The first question whicMihit\le]Q()£,* j presents for our decision, is, whether a written instrument, the ;j subscribing witness to which resides beyond tire Y. J the court, is sufficiently proved to be admitted age vi-,.¿y denee to the jury, upon proof of the signature of such witrefsu We think it was, and such was the decision of our predecessors in Thomas v. Walker, 5 Ala. 268 — see also, Mardis’ Adm’rs v. Shackelford, 4 ib. 503, and the numerous eases refered to upon this point in 3 Phil. Ev., (C. & H. notes,) 1299.
2. The deed of gift, under which the plaintiffs claim, was executed on…
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