Wier v. Buford
Supreme Court of Alabama
Writ of Error to the Circuit Court of Marengo. Debt on a sealed note, by Buford against Weir and others. The declaration describes the note as payable to Buford generally, but when produced in evidence, it appeared to be payable to him, as the agent of Eleanor Williams, and the sum promissd to be paid, was for the hire of two negroes, to wit: Fanny, Daley and child, from the date of the note to the 25th December, 1842. It also provided that the slaves should be delivered to…
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Writ of Error to the Circuit Court of Marengo. Debt on a sealed note, by Buford against Weir and others. The declaration describes the note as payable to Buford generally, but when produced in evidence, it appeared to be payable to him, as the agent of Eleanor Williams, and the sum promissd to be paid, was for the hire of two negroes, to wit: Fanny, Daley and child, from the date of the note to the 25th December, 1842. It also provided that the slaves should be delivered to Thomas Buford, as agent, at Demopolis, at the end of the time. At the trial, the defendant produced a witness, who…
1Opinion of the Court
GOLDTH WAITE, J..1. We think there was error, both in the admission of the husband as a witness, and in the several charges given to the jury.
It may be, that the plaintiff was not estopped from showing that the slave in question did not belong to Mrs. Williams, but was the property of her children; but however that is, the cvi- *137dence, when this was made to appear, had no effect, whatever, on the rights of the parties. Concede that the slave did belong to the children, it then proves only, that the hiring by Buford, was an act authorized by the wife, the benefit of which would probably enure…
2Cited by2 opinions
- State v. DentWest Virginia Supreme Court · 1884
- Harris v. MaurySupreme Court of Alabama · 1857