Swift v. Fitzhugh
Supreme Court of Alabama
Error to the Circuit court of Mobile. Detinue for a slave, tried by Pickens, J. Yerdict and judgment for plaintiff. The bill of exceptions stated, that plaintiff below relied for title on a deed of marriage settlement — which deed, she alleged was lost, and offered the following proof to establish the loss of the deed.
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Error to the Circuit court of Mobile. Detinue for a slave, tried by Pickens, J. Yerdict and judgment for plaintiff. The bill of exceptions stated, that plaintiff below relied for title on a deed of marriage settlement — which deed, she alleged was lost, and offered the following proof to establish the loss of the deed. The plaintiff’s counsel deposed, that he had in his possession, a deed delivered to him by one Thompson, the agent of plaintiff to institute this and other suits. Plaintiff resided in Virginia — the witness was not acquainted with plaintiff, and did not know her personally, but…
1Opinion of the CourtOrmond, J.
The important questions arising in this case, will be considered in the following order.
First — was the evidence of the loss of the deed, executed by Maguire, sufficient to authorise proof of its contents, by secondary evidence? The rule as laid down by this court, in the case of Mordecai vs. Beall, at the present term, is decisive of this question.
The preliminary proof, in this case, (so far as it is necessary to state it,) is that the original deed was placed in the hands of the counsel for the defendant in error, to enable them to institute this and other suits; — that to obtain proof of…
2Cases cited5 opinions
- Tatum v. YoungSupreme Court of Alabama · 1835
- Pope v. RobinsonSupreme Court of Alabama · 1828
- Todd v. StaffordSupreme Court of Alabama · 1827
- Carroll v. MeeksSupreme Court of Alabama · 1836
- Kennon v. M'ReaSupreme Court of Alabama · 1835
3Cited by28 opinions
- Rhodes v. OtisSupreme Court of Alabama · 1859
- Henry v. Murphy & Co.Supreme Court of Alabama · 1875
- Planters' & Merchants' Bank of Mobile v. BorlandSupreme Court of Alabama · 1843
- Dunn v. PoncelerSupreme Court of Alabama · 1937
- Lee v. MathewsSupreme Court of Alabama · 1846
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