Lazarus v. Lewis
Supreme Court of Alabama
ERROR to the Circuit Court of Butler. This was a proceeding to try the right of property to certain slaves, in which the plaintiff in error was the plaintiff in execution, and the defendant claimed the property as trustee, in a deed executed by the defendant in execution.
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ERROR to the Circuit Court of Butler. This was a proceeding to try the right of property to certain slaves, in which the plaintiff in error was the plaintiff in execution, and the defendant claimed the property as trustee, in a deed executed by the defendant in execution. The deed of trust, which whs offered in evidence, recites that one Asa Arrington had recovered from Henry T. Jones, (the defendant in execution) in an action of slander, the sum of twenty-seven hundred dollars; that Jones and Arrington had entered into an agreement in writing, that Jones should pay Arrington seven hundred…
1Opinion of the CourtOrmond, J.
In Thomas v. Wallis, at the last term, we held, that where all the witnesses to a deed were dead or beyond the jurisdiction of the court, proof of the hand writing of one of the witnesses was sufficient evidence, prima facie, of the execution of the deed to authorise it to be read to the jury. In this case, one of the subscribing witnesses was called, but was unable to prove the delivery. This is in principle, the same as if the testimony of the witness could not be obtained, and will au-thorise the introduction of other testimony to prove the due execution of the deed. [1 Phil. Ev. 475;…
2Cited by2 opinions
- Seibold v. RogersSupreme Court of Alabama · 1895
- Spruil v. CooperSupreme Court of Alabama · 1849