Tutt v. Slaughter's adm'r
Supreme Court of Virginia
This case was before this Court in 1841, and the decision then made is reported 12 Leigh 147. It was an action of trover, by Archibald Tutt against Martin Slaughter, and revived against Slaughter’s adm’r, for the conversion of six slaves.
Read the full summary
This case was before this Court in 1841, and the decision then made is reported 12 Leigh 147. It was an action of trover, by Archibald Tutt against Martin Slaughter, and revived against Slaughter’s adm’r, for the conversion of six slaves. Slaughter, as the administrator of the plaintiff’s father, Archibald Tutt, sr., had taken possession of the slaves and sold them; and the only question was, whether Moses and Mimy, who were the parents of the slaves in question, and Eliza, their child, had been given to the plaintiff by his father in his lifetime. When the cause went back, there was a trial…
1Opinion of the CourtAllen, J.
The Court is of opinion, that as by the demurrer to evidence the demurrant has admitted all that could be reasonably inferred by a jury from the evidence given by the other party, and waived all the evidence on his part which contradicts that offered by the other party, or tends to establish a case inconsistent with the case proved by the evidence of the other party, the evidence of the plaintiff in error in this case, taken by itself, and as unimpeached and unaffected by contradictory evidence, would have justified a jury in reasonably inferring a gift of the slaves in question, by his…
2Cited by11 opinions
- Clark's Adm'r v. R. & D. R. R.Supreme Court of Virginia · 1884
- Richmond & Danville R. R. v. Moore's Adm'r.Supreme Court of Virginia · 1883
- Rochester German Insurance v. Monumental Sayings Ass'nSupreme Court of Virginia · 1908
- Union Steamship Co. v. NottinghamsSupreme Court of Virginia · 1866
- Backhouse's Ex'x v. SeldenSupreme Court of Virginia · 1877
6 more not listed; retrieve them via the Exa API.