Nelson v. Iverson
Supreme Court of Alabama
Error to the Circuit Court of Macon, Tried before tho Hon. Robert Doughertv. Detinue by James R. Nelson against William Iverson, for the recovery of two slaves, which plaintiff claimed under a parol gift from his maternal uncle, Garland Dawkins.
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Error to the Circuit Court of Macon, Tried before tho Hon. Robert Doughertv. Detinue by James R. Nelson against William Iverson, for the recovery of two slaves, which plaintiff claimed under a parol gift from his maternal uncle, Garland Dawkins. Tho principal facts of the case may be found in the previous reports of it in 17 Ala. 222, and 39 ib. 95. The additional facts necessary to an understanding of it as now presented, appear in the opinion. 1. An infant is in esse, for the purpose of taking an estate which is for its benefit, from the timo of conception, provided it bo born alive, and…
1Opinion of the CourtChilton, C. J.
1. The plaintiff having offered evidenco of what Garland Dawkins said to Reuben Dawkins, in regard to tho division of tho estate of his father, the defendant was allowed, against the plaintiff’s objection, to prove that in tho same conversation he stated, that the four negro slaves belonging to it had been sold for $1,800 by him. This evidence tended to throw light upon the value of the estate in the hands of Garland, and if any portion of the conversation was relevant, we think tho whole of it, had at the same time and relating to the same suhject-matter, was competent proof; otherwise, tho…
2Cases cited1 opinion
- Thomas v. DegraffenreidSupreme Court of Alabama · 1850
3Cited by52 opinions
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- Rosen v. LawsonSupreme Court of Alabama · 1967
- Jaynes v. PeopleSupreme Court of Colorado · 1908
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