Thomas v. Degraffenreid
Supreme Court of Alabama
Error to the Circuit Court of Benton. Tried before the Hon. John J. Woodward. This was a trial of the right of property in a slave named Jenny, and her two children, which had been levied on under an execution in favor of the defendant in error against. Athanasius Thomas and William Thomas and claimed by Mary Thomas, the plaintiff in error.
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Error to the Circuit Court of Benton. Tried before the Hon. John J. Woodward. This was a trial of the right of property in a slave named Jenny, and her two children, which had been levied on under an execution in favor of the defendant in error against. Athanasius Thomas and William Thomas and claimed by Mary Thomas, the plaintiff in error. The claimant relied for title on a parol gift of the mother of Jenny by Athanasius Thomas, before the birth of Jenny, to James Thomas, his son, and a purchase from him by the claimant. On the trial it was shown by the plaintiff in execution that the…
1Opinion of the CourtChilton, J.
Before proceeding to the consideration of the main points in this case, we will briefly notice the exceptions taken to the ruling of the Circuit Court in the admission as well as rejection of several portions of the testimony, and as the bill of exceptions abounds with so many points, we must, for the sake of brevity, classify them as well as we may.
The first, second, third and fourth objeetions presented in the order in which the bill of exceptions states them, are of a kin*607dred character and may be disposed of together. The object of the plaintiff in execution was to show title in Athanasius…
2Cases cited5 opinions
- Sewall v. GliddenSupreme Court of Alabama · 1840
- Moore v. SpenceSupreme Court of Alabama · 1844
- Costillo v. ThompsonSupreme Court of Alabama · 1846
- Degraffenreid v. ThomasSupreme Court of Alabama · 1848
- Huff v. CoxSupreme Court of Alabama · 1841
3Cited by33 opinions
- Seals v. Robinson & Co.Supreme Court of Alabama · 1883
- Shipp v. SheltonSupreme Court of Alabama · 1915
- Nelson v. IversonSupreme Court of Alabama · 1853
- Southern Express Co. v. OwensSupreme Court of Alabama · 1906
- Ward v. ReynoldsSupreme Court of Alabama · 1858
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