Leiper v. Gewin
Supreme Court of Alabama
Writ of Error to the Circuit Court of Lawrence county. Detinue, by Leiper against Gewin, for a slave. At the trial,, the plaintiff made title under a purchase from the sheriff, who sold the slave as the property of one Niel, by virtue of an execution against him in favor of one Owen.
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Writ of Error to the Circuit Court of Lawrence county. Detinue, by Leiper against Gewin, for a slave. At the trial,, the plaintiff made title under a purchase from the sheriff, who sold the slave as the property of one Niel, by virtue of an execution against him in favor of one Owen. The defendant then proved a ji. fa. at the suit of the Branch Bank of the State of Alabama against said Niel, by virtue of which, as sheriff of Lawrence county, he levied again on the same slave, as the property of Niel, and offered Niel as a witness to prove that he furnished the plaintiff, Leiper, with the…
1Opinion of the CourtGoldth Waite, J.
None of the cases cited go to the ex- ' tent of the decision of the Court below. It is true, the defendant in execution, with us, is admitted as a witness for his vendee, when the contest is between him and the creditor, or officer making the levy. [Standifer v. Chisholm, 1 S. & P. 449; McKenzie v. Hunt, 1 Porter, 37.] But there is a marked distinction between his capacity to testify under such circumstances, and when he is called to support his own title against one who does not admit that his is derived from the same source. We are not informed by the bill of exceptions, whether the…
2Cases cited2 opinions
- Enos v. TuttleSupreme Court of Connecticut · 1820
- McKenzie v. HuntSupreme Court of Alabama · 1834
3Cited by1 opinion
- Dearing v. WindhamSupreme Court of Alabama · 1847