Gary v. Terrill
Supreme Court of Alabama
Error to the County Court of Sumter. Detinue by the plaintiff in error, for a slave, against the defendant, who claimed title under a sale by the sheriff, who sold the slave by virtue of an execution against Thomas P. Terrill.
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Error to the County Court of Sumter. Detinue by the plaintiff in error, for a slave, against the defendant, who claimed title under a sale by the sheriff, who sold the slave by virtue of an execution against Thomas P. Terrill. From the bill of exceptions, it appeared that Thomas P. Terrill had been in the possession of the slave, from the 1st March, 1837, to about the 1st January, 1843; that he is the son of the defendant, and resided in this State, and that the defendant resided in South Carolina. That in 1836, the son went to South Carolina, and as an inducement to his mother to remove to…
1Opinion of the CourtOrmond, J.
The court erred*in excluding the evidence of the declarations of Thomas P. Terrill, in relation to his title, whilst in possession of the slave. This point has been frequently decided by this court. [Oden v. Stubblefield, 4 Ala. Rep. 40; Garey v. Frost & Dickinson, 5 Id. 636; McBride and wife v. Thompson, 8 Id. 650.]
In the case last cited, it was held, that it was allowable to prove the declarations of one in possession of personal property, to establish whether he held it in his own right, or under another, but that his declarations would not be evidence to prove the consideration paid for •…
2Cases cited1 opinion
- Oden v. StubblefieldSupreme Court of Alabama · 1842
3Cited by6 opinions
- Baucum v. GeorgeSupreme Court of Alabama · 1880
- Gibson v. GainesSupreme Court of Alabama · 1916
- Holman v. ClarkSupreme Court of Alabama · 1906
- Degraffenreid v. ThomasSupreme Court of Alabama · 1848
- Shotts v. CooperSupreme Court of Alabama · 1917
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