Pistole v. Street
Supreme Court of Alabama
On a writ of error to the Circuit Court of Ma-rengo county. Tirza Street, as the administratrix of the estate of Eleaza Lee, declared against Caiuan Pistole, in the action of detinue, for a slave. To the declaration there was a demurrer, which being sustained; the plaintiff had permission to amend. The defendant then pleaded — ■ First. — non detinet.
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On a writ of error to the Circuit Court of Ma-rengo county. Tirza Street, as the administratrix of the estate of Eleaza Lee, declared against Caiuan Pistole, in the action of detinue, for a slave. To the declaration there was a demurrer, which being sustained; the plaintiff had permission to amend. The defendant then pleaded — ■ First. — non detinet. Secondly. — A special plea that .the plaintiff was not the administratrix of Eleazer Lee : and thereupon came a jury, who found a verdict for the plaintiff. It was shown by a bill of exceptions, taken in the progress of the cause, that among…
1Opinion of the CourtHopkins, C. J.
The defendant in error, obtained letters of administration, upon the goods and chattels of Eleazer Lee, deceased, in the State of South Carolina, in the year, eighteen hundred and twenty; and was afterward married to one George P. Street, with whom she moved to this State, before her administration was closed. They brought with them, to this State, the slave in controversy between the parties. The slave came to the hands *68jof the administratrix, as a part of the personal property of her intestate. Some time after the settlement of her husband and herself in Urn State, he sold the slave to the…
2Cited by16 opinions
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- Wier v. DavisSupreme Court of Alabama · 1842
- Bragg v. Massie's Adm'rSupreme Court of Alabama · 1861
- English's Ex'r v. McNair's Admr'sSupreme Court of Alabama · 1859
- Carlisle v. TuttleSupreme Court of Alabama · 1857
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