Sewall v. Henry
Supreme Court of Alabama
Writ of Error to the Circuit Court, of Mobile. This was an action of detinue, at the suit of the defendant in error, to recover a slave named Tom. The cause was tried upon the general isstie, a verdict returned for the plaintiff, which assessed the value of the slave and damages for his detention, on which judgment was accordingly rendered. On the trial, a bill of exceptions was sealed at the instance of the defendant.
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Writ of Error to the Circuit Court, of Mobile. This was an action of detinue, at the suit of the defendant in error, to recover a slave named Tom. The cause was tried upon the general isstie, a verdict returned for the plaintiff, which assessed the value of the slave and damages for his detention, on which judgment was accordingly rendered. On the trial, a bill of exceptions was sealed at the instance of the defendant. To make out his case, the plaintiff offered in evidence a writing of the following tenor, viz : •“ Received, Mobile, 5th July, 1841, of George G. Henry, two Hundred and fifty…
1Opinion of the CourtCollier, C. J.
Two writings, connected by a reference of one to the other, may be considered and construed as parts of an entire transaction, and as if they were embodied in one instrument. [18 Johns. Rep. 107; 4 Wend. Rep. 374 ; 5 Pick. Rep. 395 ; 1 J. J. Marsh. Rep. 200 ; Bates & Hines v. The Bank of Alabama, 2 Ala. Rep. 275; 17 Johns. Rep. 29; 2 Bibb's R. 610; 3 Fairf. R. 346; 3 Pick. Rep. 38.]
In Dillingham v. Estill, 3 Dana’s Rep. 21, it appears, that an action was brought by the latter against the former for the breach of a warranty of soundness contained in a bill of sale of two slaves, to which it…
2Cases cited8 opinions
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- State v. MoreaSupreme Court of Alabama · 1841
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- Daggett v. TallmanSupreme Court of Connecticut · 1830
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