Lide v. Lide's Adm'r
Supreme Court of Alabama
[DETINUE FOE SLAVES BY HUSBAND’S ADMINISTRATOR AGAINST WIDOW.] Appeal from the Circuit Court of Montgomery. Tried before the Hon. E. ~W. Rettus. This action was brought by the administrator of John J. Lide, deceased, against Mrs. Mary Lide, the widow of ■the intestate, to recover certain slaves which Mrs. Lide claimed as her separate estate under a deed of gift from her father. One of the pleas, on which issue was joined, was non detinet.
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[DETINUE FOE SLAVES BY HUSBAND’S ADMINISTRATOR AGAINST WIDOW.] Appeal from the Circuit Court of Montgomery. Tried before the Hon. E. ~W. Rettus. This action was brought by the administrator of John J. Lide, deceased, against Mrs. Mary Lide, the widow of ■the intestate, to recover certain slaves which Mrs. Lide claimed as her separate estate under a deed of gift from her father. One of the pleas, on which issue was joined, was non detinet. On the trial, as the bill of exceptions states, the plaintiff introduced a witness who testified, that said intestate, at the time of his death in 185T, and…
1Opinion of the CourtRice, C. J.
Upon the authority of our former decisions, we hold, that the declarations of the plaintiff’s intestate, in opposition to his own, and in favor of his wife’s title, and which tended to show that the possession of the slaves by him was not held by him in the character of husband, but in the character of trustee for his wife, were legal evidence against the plaintiff; and that the court below erred in excluding them from the jury. — Gillespie v. Burleson, 28 Ala. 551; Machem v. Machem, 28 Ala. 374; Crabb v. Thomas, 25 Ala. 212; Jennings v. Blocker, 25 Ala. 415; Calvert v. Morrow, 18 Ala. 67;…
2Cases cited7 opinions
- Gillespie's Adm'r v. BurlesonSupreme Court of Alabama · 1856
- Miller v. Jones' Adm'rSupreme Court of Alabama · 1856
- Oden v. StubblefieldSupreme Court of Alabama · 1842
- Jennings v. Blocker's Adm'rSupreme Court of Alabama · 1854
- Crabb's Administrator v. ThomasSupreme Court of Alabama · 1854
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Mahone v. WilliamsSupreme Court of Alabama · 1863
- Ashby Brick Co. v. Ely & Walker Dry Goods Co.Supreme Court of Alabama · 1907