Goodwin v. Lloyd
Supreme Court of Alabama
This was an action of detinue for slaves, brought by the defendant in error. The plaintiff assumed title to the slaves, sued for under a contract of purchase from one Harwood Goodwyn. The proof on the part of the defendant in error was, that Robert Goodwyn, the defendant below, had given to his son Harwood two negro girls, which went into Harwood’s possession, and so remained for about two years.
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This was an action of detinue for slaves, brought by the defendant in error. The plaintiff assumed title to the slaves, sued for under a contract of purchase from one Harwood Goodwyn. The proof on the part of the defendant in error was, that Robert Goodwyn, the defendant below, had given to his son Harwood two negro girls, which went into Harwood’s possession, and so remained for about two years. The slaves were then redelivered to Robert Goodwyn, and other slaves, the subjects of suit in this action, received by Harwood in exchange. Harwood Goodwyn remained in possession of the last…
1Opinion of the CourtOrmond, J.
— There was no error in the admission of the deposition. The statute authorises it to be taken when the witness is about to leave the State: should he remain until the trial of the cause, it cannot be read. But his failure to put his determination of leaving the State into execution, until after a term of the court had elapsed, would surely not deprive the party of the benefit of his testimony, if he left the State before the trial of the cause. His death within the State, before he executed his determination of leaving it, certainly affords as good grounds for using his testimony, as his…
2Cases cited1 opinion
- Holloway v. LoweSupreme Court of Alabama · 1838
3Cited by17 opinions
- Foster v. GoreeSupreme Court of Alabama · 1843
- Brown v. LipscombSupreme Court of Alabama · 1839
- Hannah v. CarringtonSupreme Court of Arkansas · 1856
- Wier v. DavisSupreme Court of Alabama · 1842
- McCay v. ParksSupreme Court of Alabama · 1918
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