Vaughan v. Phebe
Tennessee Supreme Court
In Error. Reputation or hearsay is admissible evidence of descent from Indian ancestors, and may be used as a part of the chain of proof to establish freedom. [See Cooke, 142; 1 Tenn. 393.] Reputation or hearsay, from the necessity of the case, is admissible evidence to establish a ' right to freedom. [Ace. Sewell v. State, 6 Y. 372; Miller u.
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In Error. Reputation or hearsay is admissible evidence of descent from Indian ancestors, and may be used as a part of the chain of proof to establish freedom. [See Cooke, 142; 1 Tenn. 393.] Reputation or hearsay, from the necessity of the case, is admissible evidence to establish a ' right to freedom. [Ace. Sewell v. State, 6 Y. 372; Miller u. Denman, 8 Y. 236, citing this case, with the remark that it extends the right to introduce hearsay evidence to the utmost limits.] A judgment in favor of the freedom of a maternal aunt of the plaintiff, on account of her descent from Indian ancestors,…
1Opinion of the CourtGrabb, J.
delivered the unanimous opinion of the Court. The defendant in error brought suit against the plaintiff in error, in trespass. The plaintiff in error pleaded that Phebe -was a slave and his property. Whether she was free or a slave was the question. The cause was tried before a circuit judge in Sumner County, and a verdict returned by the jury for Phebe. A judgment was entered, “ that the plaintiff recover against the defendant her freedom and .the damages, &c.” Vaughan prayed an appeal, in the nature of a writ of error, to this Court.
At the trial Vaughan, by his counsel, objected to the…
2Cases cited6 opinions
- Elmendorf v. TaylorSupreme Court of the United States · 1825
- McCormick v. SullivantSupreme Court of the United States · 1825
- Thatcher v. PowellSupreme Court of the United States · 1821
- United States v. CrosbySupreme Court of the United States · 1812
- Taylor & Quarles v. BrownSupreme Court of the United States · 1809
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