McBride v. Thompson
Supreme Court of Alabama
Writ of Error to the Circuit Court of Macon. This was an action of detinue, at the suit of the plaintiffs, for the recovery of a female slave named Louisa, and her son George, the former aged about twenty-five, and the latter about five years of age. The cause was tried upon the general issue, a verdict was returned for the defendant, and judgment rendered accordingly. The plaintiffs claimed the slaves in question under their grandfather, Edmund Hobdy.
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Writ of Error to the Circuit Court of Macon. This was an action of detinue, at the suit of the plaintiffs, for the recovery of a female slave named Louisa, and her son George, the former aged about twenty-five, and the latter about five years of age. The cause was tried upon the general issue, a verdict was returned for the defendant, and judgment rendered accordingly. The plaintiffs claimed the slaves in question under their grandfather, Edmund Hobdy. There was evidence tending to show, that the woman, Louisa, was in 1833, sold at sheriff’s sale, in Barbour county, as the property of Samuel…
1Opinion of the CourtCollier, C. J.
The declarations of a tenant in the possession of land are admissible as part of the res gestae, (Bliss v. Winston, 1 Ala. Rep. 344; 2 Phil. Ev. C. & H. notes, 592 to 601;) and it has been often- held that the same rule prevails in its utmost extent as to personal property. [Oden v. Stubblefield, 4 *653Ala. Rep. 40; see also, Phil. Ev. C. & H.’s notes, 592 to 601, 644.] But it is not to be understood that such declarations are admissible to every conceivable extent. True, the affirmation of the party in possession, that he held in his own right, or under another, is proper evidence as part of the…
2Cases cited2 opinions
- Oden v. StubblefieldSupreme Court of Alabama · 1842
- Bliss v. WinstonSupreme Court of Alabama · 1840
3Cited by32 opinions
- Brooklyn Life Insurance v. BledsoeSupreme Court of Alabama · 1875
- Williams v. WilliamsSupreme Court of Colorado · 1894
- Baucum v. GeorgeSupreme Court of Alabama · 1880
- Gibson v. GainesSupreme Court of Alabama · 1916
- Nelson v. IversonSupreme Court of Alabama · 1850
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