Beall v. Ledlow
Supreme Court of Alabama
Writ of Error to the Circuit Court of Tuscaloosa. Before the Hon. T. A. Walker. John W. Beall, having judgment against Lewis Ledlow, sued out a fieri facias thereon, which was levied on a slave by the name of Joe, and thereupon Adam Ledlow interposed a claim to the property.
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Writ of Error to the Circuit Court of Tuscaloosa. Before the Hon. T. A. Walker. John W. Beall, having judgment against Lewis Ledlow, sued out a fieri facias thereon, which was levied on a slave by the name of Joe, and thereupon Adam Ledlow interposed a claim to the property. On the trial of the right of property, as appears from a bill of exceptions, it appeared that Elizabeth Ijedlow, by her next friend Lewis Ledlow, had sued the plaintiff in error for slander, in which she was defeated, and a judgment rendered against her next friend for costs, on the 27th March, 1846. The judgment was for…
1Opinion of the CourtCollier, C. J.
The declaration of the defendant in execution, previous to the recovery of judgment by the plaintiff, and while he was in possession of the slave in question, that he was the property of claimant was clearly admissible. See McBride v. Thompson, 8 Ala. Rep. 650; Webster v. Smith, 10 Ala. 429. We cannot conceive of any well founded objection to the declarations of the plaintiff, though made after the interposition of the claim of property; as they are evidence against himself only, it is perfectly immaterial when they were made, and certainly are not less potent because they were of recent date.
2Cases cited3 opinions
- McBride v. ThompsonSupreme Court of Alabama · 1845
- Maull v. HaysSupreme Court of Alabama · 1847
- Webster v. SmithSupreme Court of Alabama · 1846
3Cited by4 opinions
- Derrett v. AlexanderSupreme Court of Alabama · 1854
- Thomas v. De GraffenreidSupreme Court of Alabama · 1855
- Bradford v. ButtramSupreme Court of Alabama · 1921
- Darling v. BryantSupreme Court of Alabama · 1849