Hays v. Callaway

Jackson, Jrrdge.

This was an action of trover brought by Callaway against Mahala Hays to recover a horse. The horse was transferred to Mahala’s husband, a colored man, who kept it till his death, nearly five years after the trade, and then left it in possession of his widow. Callaway then sued the widow for the horse. The jury, under the charge of the court, found for the plaintiff, Callaway; the defendant moved for a new trial on two grounds, both of which were overruled, and she excepted.

1. Callaway was offered as a witness to prove that Hays merely kept the horse without asserting title,…